Family Violence Flashcards
Does there need to be many threats of violence for a breach of protection order
No
It can be any threats, including a single threat
What is wilfully neglects (cruelty to child)
Deliberate or reckless failure to provide care
How old must the recipient of a PSO be
18
What is a Domestic Relationship
- close personal relationship
- partner
- family member
Note: not a landlord/tenant relationship
What age is a CHILD for an Assault on Child charge
14
Is it a breach of protection order if respondent contacts applicant of order for a valid reason - such as death in family
No
Do police need to get consent from a person before they can issue PSO
No
With regards to a PSO, who is the ‘bound person’
The person the PSO is being issued against
How long can a person be detained to be issued a PSO before they must be released
2hrs
In domestic violence, what does VIOLENCE mean
- Physical
- psychological
- sexual
- threats of physical, psychological or sexual
If there has been violence and/or injury, should you issue a PSO
No - lawfully detain or arrest
When preparing an OTB, what must you consider
- need for offender to cool off
- risk to victim
- safety plan
Note: not multiple charges
Examples of Escalating Behaviour
- checking phone and email
- threatening to harm pet or destroy property
Do you have a power to enter for a breach of PSO
No
Examples of Heightened Risk
- violence increasing in frequency and severity
- attempted strangulation
Do Flatmates come under the condition of a Domestic Relationship
Yes
If a female victim of a family violence incident suffers from internal bleeding as a result of an assault by a male, must your charge be MAF just because it is family violence
No
Do police have a power of entry to search for a gun if family violence related
Only if he makes threats to shoot the victim and she makes a complaint
Arms Act 1983
How old does the respondent of a protection order have to be
18
If a couple have an argument in front of their children is the person who suffers liable
No
What are the reasons for Risk Assessments
- patterns to be seen over time
- identify support needed
- considering bail
Note: not for how and when to charge
What are the factors in determining a Personal Relationship
- nature and intensity
- duration between
Note: they do. It have to live together or be in a sexual relationship
Where is police Power of Entry for Children’s Safety
CYPF ACT 1989
Is it a breach of protection order if the respondent sends a friend to the applicants house
Yes
