Family Violence

Question 1

What are the family violence risk assessment and risk information tools and forms?

Answer 1

ODARA Projects re-assault in intimate partner violence, child risk factor forms and intimate partner vulnerability factor forms collect risk information

Question 2

What qualifying criteria must be met to score ODARA?

Answer 2

That a physical or sexual assault has occurred and or a threat of harm with a weapon in hand in the presence of the victim. A maximum of five unknown items is required to score ODARA, which can be used for opposition to bail, sentencing, parole and victim safety planning

Question 3

What action is required in a critical situation when a child is at immediate risk of physical injury or death?

Answer 3

The child protection protocol applies, take enforcement action, remove or detain the child by force if necessary and contact your local CPT or CYF national contact centre after hours, complete case file, CPT will task FVC

Question 4

What action is required in a serious child abuse situation where serious physical abuse, sexual abuse, serious wilful neglect, serious family violence, or CYF or police serious abuse is alleged?

Answer 4

The child protection protocol applies, take enforcement action as appropriate, contact the local CPT or national contact centre, complete case file, CPT will task FVC

Question 5

What actions are required in a family violence occurrence where the child risk factors form indicates priority?

Answer 5

Child protection protocol does not apply, take enforcement action, report of concern to national contact centre, complete case file and notes, FVC follows up

Question 6

What actions are required in an other risk indicated case where no priority factors are identified but a potential risk to children exists?

Answer 6

Child protection protocol does not apply, discuss child risk information with FVC supervisor, if approved report of concern to national contact centre, if not approved FVC will make a report to CYF

Question 7

What action is required when children are present but no priority factors are indicated and no other circumstances indicate risk?

Answer 7

Child protection protocol does not apply, FVC makes report of concern to CYF, complete case file, forms are evaluated by FVC

Question 8

What are the four core principles to an effective police response to family violence?

Answer 8

Safety of victims, children and police is paramount. Risk information must be collected. Offenders must be held accountable and supportive interventions directed. Police must work with internal and external groups.

Question 9

What are the immediate and longer term effects of a police safety order?

Answer 9

Immediately surrender any weapon or firearms license, vacate any land or building regardless of legal interest in it, provide a cooling down period. Must not physically or sexually abuse or threaten the person at risk, damage or threatened to damage property, engage or threatened to engage in intimidation or harassment, or encourage any other person to do these things. Contact is restricted to that reasonably necessary in an emergency

Question 10

When can a qualified constable or constable authorised by a qualified constable issue a safety order against a person who has been in a domestic relationship with another person?

Answer 10

If they do not arrest the bound person for a violent offence, but believe and order is necessary to ensure the immediate safety of the person at risk. Cannot be ordered if arrest is made, domestic relationship includes usually sharing a household or close personal relationship

Question 11

When can a safety order not be issued?

Answer 11

Is the violent person is arrested for a violence offence, as bail conditions may then be set in place of an order. If a protection order is in place a breach of the order is likely so arrest should be made. Not for persons under 17 years

Question 12

What factors should be considered when deciding whether to issue a police safety order?

Answer 12

CRF IPVF ODARA results, whether domestic violence has been used, welfare of children, hardship that may be caused, previous interactions with police, mental, alcohol or drug abuse, propensity for violence, family violence history, parenting protection or police safety orders previously in force.

Question 13

What considerations regarding hardship are relevant to issuing a police safety order?

Answer 13

Who will have the car, who is in charge of finances and holds the Eftpos card, the ability for the removed person to find alternative accommodation and transport. Consider the use of family money and assets for power and control dynamics

Question 14

What is the duration of a police safety order?

Answer 14

Maximum five days, starting .24 hours then consider access to the courts and access to appropriate support services. Consider longer term risk and follow up with the protected person

Question 15

What are the steps to authorise all obtain authority to issue a police safety order?

Answer 15

Identify possible offences, complete forms and risk information, consider the necessity to issue the order, seek authority from a qualified constable or formal Acting Sergeant or Comms, who should sign the Pol1310 or make a notebook entry, then detain the person for up to 2 hours to allow the issue of the order

Question 16

What are the steps to be taken when and after serving a police safety order?

Answer 16

Seize any firearms, explain to both parties the nature duration and effect of the order, consider using liaison offices, record the PSO in NIA via CRL immediately, make sure land is vacated, arrange assistance and support, complete documentation, notified family violence Coordinator

Question 17

What are the actions for breaches of police safety orders?

Answer 17

Use reasonable force to arrest, bring to court within 24 hours or summons. If the bound person absconds advise CRL and locate within one month, seek a warrant giving power of entry which expires after 10 days NIA but remains active in court. A complaint form is used, there is no charging document.

Question 18

What are the powers of the court after failure to comply with a police safety order?

Answer 18

Direct a new order be issued for up to 5 days or adjourn for consideration of a temporary protection order. The new order is issued by the court orderly, a district constable, or the prosecutor who must also advise the person at risk by making three telephone calls, a local inquiry, and updating NIA

Question 19

What is the only offence relating to police safety orders and how is it dealt with?

Answer 19

Failing to remain, having been detained fails to remain where they were detained, for up to two hours, arrest without warrant, fine $500. It is not an offence to breach a safety order but if other offending occurred at the time of the breach the person should be charged.

Question 20

What are the protection order conditions relating to weapons?

Answer 20

Respondent must not have any weapon, firearm, airgun, pistol, restricted weapon, ammunition, explosive under their control or hold a firearms license, and must surrender it as soon as practicable and within 24 hours. Licenses are suspended for temporary orders and revoked for final orders

Question 21

What steps are taken when police receive a copy of a temporary protection order where the respondent holds a firearms license?

Answer 21

An Inspector must consider revocation of the license and whether a warrantless search should be exercised. Consider seizure by consent while the matter is before the court, refusal may indicate unfitness. Consider coercion to seek discharge of a protection order