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Sergeants CPK > Family Violence > Flashcards

Family Violence Flashcards

1
Q

What is the police policy statement in regards to Family Violence?

A

FV is a high priority for Police and reducing the number and impact of FV occurrences is a key Police strategy. Police is committed to a prompt, effective and nationally consistent approach to family violence occurrences in collaboration with other agencies and with community partners.

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2
Q

What are the four principles that guide police practice in relation to Family Violence?

A
  1. Safety
  2. Collection of risk information
  3. Accountability
  4. Working collaboratively
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3
Q

Family Violence - guiding principles

Explain the safety principle

A

ensuring all parties are safe, particularly victims whose safety is paramount.

Children are especially vulnerable - before an officer leaves the address they must ensure they have no concern regarding child’s safety

attending FV occurrences is one of the most dangerous parts of an officers job

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4
Q

Family Violence - guiding principles

Why do we need to collect risk information, and how do we do it?

A

enables decision makers to assess, plan and manage risk to victims and to guide decisions around offender management

We do this by the child risk factor form (CRF), the intimate partner vulnerability fact for (IPVF) and ODARA

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5
Q

Family Violence - guiding principles

Explain the accountability principle

A

holding offenders to account for there actions by activating a prompt and comprehensive response; thorough investigation and filing charges that reflect nature of situation
Directing offenders into supportive interventions to change behaviours - stop violence etc

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6
Q

Family Violence - guiding principles

Explain the ‘working collaboratively’ principle

A

Police must

  • coordinate responses to FV across relevant internal work groups (ASA, CPT, Family Safety teams, Youth Aid etc)
  • be part of a coordinated FVIARS response - enhances risk assessment, information sharing etc
  • apply active case management principles and processes

Agencies and Service Providers use stat powers and authority to support/manage victims and offenders, they engage with victims and offenders to plan for and implement actions that change lives for the better

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7
Q

What are some of the characteristics of FV

A
  • most are Intimate partner violence
  • perpetrators are mostly male and victims mostly female
  • children typically present at half of all FV occurences
  • it can take many occurrences before victims seek help
  • victims of FV often suffer low self esteem and isolation
  • victims are often unable to act or leave for fear of further violence
  • highly likely the first recorded attendance by police is not the first occurrence of FV
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8
Q

What are five steps to consider when attending a FV situation where a firearm may be present?

A
  1. always consider firearms may be involved or that suspect has access to them - check NIA
  2. Check if a PSO or PO is in place - if a PSO then firearms licence should be suspended; if PO then it is revoked
  3. consider whether sufficient safety concerns to warrant issuing a PSO or if enough to arrest then consider applying for a PO. In either case all firearms, ammunition, explosives in possession or control must be surrendered/seized pursuant to s18 S and S Act
  4. if you exercise power to seize - report to Commissioner within 3 days - Firearms search and seizure form.
  5. following surrender/seizure complete inquiries as to whether suspect is considered ‘fit and proper’to hold a licence (including views of victim). If appropriate take revocation action under s27 and s27A Arms Act 1983 (inform Police Arms Officer).
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9
Q

What can provide corroboration for a FV victim’s allegations?

A
  • medical examination and doctors reports
  • photographs of injuries
  • scene examination evidence - photos and diagrams
  • clothing
  • witness statements (neighbours/friends/medical staff)
  • 111 call
  • old FVIAR ratings, previous FV reports, ODARA
  • emails/text messages etc
  • admissions/statements by suspect
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10
Q

Why is it important to interview victims and witnesses in FV cases early?

A

they often recant evidence or later minimise the violence, some victims are pressured to withdraw by the suspect.

Under the Evidence Act 2006 and s82 Criminal Procedure Act 2011 police can get evidence sworn which can later be used - if victim likely to recant get their evidence sworn on same day of taking complaint

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11
Q

In what two types of FV cases must police collect risk information?

What are the risk collection forms used in each case?

A
  • involving intimate partner violence (IPV) - uses the Intimate Partner Vulnerability Factor form (IPVF) Pol 1314
  • when children are present or reside at address - uses the Child Risk Factor form (CRF) pol 1313
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12
Q

What is the NZ Police risk assessment tool in FV cases?

A

ODARA - scientifically developed risk assessment tool - developed to predict the likelihood of future IPV assault.

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13
Q

What is the qualifying criteria that must be met to score ODARA?

A

that a physical (including sexual) assault has occurred and/or a threat of harm with a weapon in hand in the presence of the victim

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14
Q

Explain the ODARA scoring system?

A

13 items that musts be scored ‘1’ if present or ‘0’ if absent, or unknown if information suggesting the item may score ‘1’ but information is incomplete.

the higher the score the higher the likelihood of re assault and also the sooner, more frequent and more serious this is predicted to be.

ODARA should be completed as soon as possible after attending, and cannot be changed. A maximum of 5 unknown’s is permitted on each ODARA

only police FV officers and others trained can validate raw ODARA scores

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15
Q

What can police officers use the ODARA score for?

A

Opposition to bail,
sentencing,
parole
victim safety planning

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16
Q

What is the Family Violence Child Risk Factors (CRF) form used for?

A

to indicate potential risk or lethality risk for children living in a FV context.

use one CRF form for all children under 17yrs including unborn children

use second CRF if a second family group residing at same address

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17
Q

What are the three situations where a Report of Concern (ROC) must be sent to the CYF National Contact Centre (NCC)?

A
  1. serious child abuse - the Child Protection Protocol (CPP) applies. The pol 350 referral process must be used.
  2. where one or any combination of the CRF priority factors are indicated as being present. The FV pol 351 referral process applies
  3. the CPP does not apply, no priority factors are present but you still believe it is appropriate for a ROC to be made for ‘other risk’. The FV pol 351 referral process applies
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18
Q

Whose authority do you need to send a ROC to the CYF National Contact Centre (NCC)?

A

a supervisor or a family violence co ordinator

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19
Q

Can a ROC be made to the CYF NCC using the pol 351 when there is concern for children when staff attend a non FV related incident?

A

Yes - with a supervisor’s approval as an ‘other risk indicated case’

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20
Q

Describe the assessment and the test for determining that the situation in regards to child safety is CRITICAL?

A

ASSESSMENT: urgent steps are critically necessary to protect the child from injury or death

TEST: The child is at immediate risk of serious harm (physical injury or death) and the need for immediate protection may be necessary

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21
Q

What action should be taken when you have determined the situation in relation to child safety is CRITICAL?

A

CPP applies

  1. take appropriate enforcement action
  2. if nec remove or detain the child (by force if nec) and place in custody of Director General (s42 CYPF Act - in this case no need to do CPP referral
  3. if child not removed and is safe contact local CPT - during normal business hours complete pol 350 (CPP) and email to local CPT. CPT will forward ROC and pol 1310 to CYF - if outside business hours ring CYF NCC and advise of ROC. Forward pol 350 and pol 1310 to NCC
  4. complete case file and notes and forward to CPT
  5. CPT will complete tasking to area FVC to review occurrence.
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22
Q

Describe the assessment and the test for determining that the situation in regards to child safety is SERIOUS CHILD ABUSE?

A

ASSESSMENT: the child has suffered serious child abuse

TEST: one of the following:

  • serious physical abuse
  • sexual abuse
  • serious wilful neglect
  • serious family violence where child is present and/or a witness
  • ODARA indicates current or previous child assault
  • serious allegations of child abuse involving CYF caregiver or member of Police
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23
Q

What action should be taken when you have determined the situation in relation to child safety is SERIOUS CHILD ABUSE?

A

CPP applies

  1. Take appropriate enforcement action
  2. if child not removed and is safe contact local CPT - during normal business hours complete pol 350 (CPP) and email to local CPT. CPT will forward ROC and pol 1310 to CYF - if outside business hours ring CYF NCC and advise of ROC. Forward pol 350 and pol 1310 to NCC
  3. complete case file and notes and forward to CPT
  4. CPT will complete tasking to area FVC to review occurrence.
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24
Q

If during a FV occurrence the CRF indicates that one or more of the priority factors on pol 1313 are present what action should you take?

A

CPP does not apply

  1. take enforcement action as appropriate
  2. make a ROC to CYF NCC asap, with supervisors/FVC consent by email using pol 351 and attach pol 1310
  3. complete case file and notes
  4. pol 351 and pol 1310 are evaluated and prioritised by Area FVC for the FVIARS process
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25
Q

What actions should be taken in the situation where there are concerns for the child’s safety in an ‘other risk indicated case’?

(ie no priority factors are identified but the circumstances indicate potential risk to child/ren)

A

CPP does not apply

  1. discuss child risk information with the area FVC or supervisor
  2. if approved for a ROC forward it to CYF NCC by email using pol 351 and attaching pol 1310, complete case file and notes- pol 351 evaluated by area FVC
  3. if not approved for ROC to CYF NCC, FVC will make a ROC to the closest local CYF site attaching the pol 1310
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26
Q

If you attend a FV occurence and there are children present but no priority factors are indicated and no other circumstances indicate risk what action should you take?

A

CPP does not apply

  1. FVC to make ROC to local CYF office, attaching pol 1310
  2. complete case file and notes
  3. pol 351 and pol 1310 are evaluated and prioritised by area FVC for the FVIARS process
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27
Q

In a FV occurrence where there is sufficient evidence of an offence what should you do?

A

if sufficient evidence of an offence, suspects responsible for family violence related offences or PO breaches should, except in exceptional circumstances, be arrested.

If you contemplate other actions other than arrest in situations where offending is disclosed you must consult your supervisor before proceeding, and FVC if possible.

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28
Q

When are Protection Orders no longer effective?

A

When they are discharged by a Family Court

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29
Q

Is a formal complaint required from a victim of FV for you to arrest or file charges?

A

No - but their response and wishes should be listened to and noted. Explain the reason if Police actions are not consistent with their wishes

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30
Q

What steps should you take when there is insufficient evidence to arrest in a FV occurrence?

A
  1. if insufficient to arrest but you have victim and/or child safety concerns consider a PSO
  2. if no arrest or PSO - before you depart ensure the victim and children are safe, linked to appropriate services and receive victim information form
  3. do not give any warnings where there is insufficient evidence to prosecute
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31
Q

What must you do when a protection order has been breached AND an assault has also occurred?

A

Charge the offender with the assault AND the breach

Not release the offender on bail for 24 hours, provided there is no Court Hearing before that period has elapsed.

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32
Q

What are some of the things to consider when deciding what charge might be appropriate in a FV incident?

A
  • do no minimise violence that has occurred
  • aim the charges at making the offender accountable for their actions
  • consider any continuing risk the offender poses to the victim
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33
Q

What is the primary consideration when deciding whether to grant bail?

A

the safety of the victim and the possible need for the defendant to have a cooling off period to ensure the victims safety

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34
Q

Outline the restriction on Police Bail when a protection order is breached?

A

If arrested under sec 50 DV Act and charged with offence under sec 49 (BOPO) they must not be granted bail for 24 hours - also applies if arrested for another offence as well. The arrested person must be bought before a court ASAP

After 24 hrs and pending court appearance then follow standard procedures for deciding whether to grant bail

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35
Q

When considering bail in a FV incident whose authority must you have?

A

Sergeant or above

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36
Q

What does Sec 8(5) of the Bail Act 2000 state

A

The need to protect the victim is the paramount consideration for the Court when deciding whether to grant bail for breaching a Protection Order.

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37
Q

In addition to the factors detailed in Sec 8(1) and (2) of the Bail Act 2000 what must a prosecutor consider when looking at bail in FV cases?

A

The need to ensure the victim and their family’s safety and any safety plans in place. ODARA scores and risk summaries are important information to consider when opposing bail.

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38
Q

What are safety plans?

A

They are an essential part of responding to victims’ needs and managing ongoing risks - can also help victims understand their level of risk and take some control over their situation

39
Q

When must safety plans be completed?

A

For all high risk repeat victims (eg where ODARA applies)

Must be completed following initial attendance at a family violence event, and may be completed in conjunction with Women’s Refuge at the scene

40
Q

What risks should you consider when initiating a safety plan?

A

Suspects whereabouts and behaviours
Severity of this incident and previous occurrences
Likelihood of further interference
Concerns about children and others

41
Q

What steps should you take when initiating a safety plan at the scene?

A
  1. complete pol 1310
  2. contact comms for further information about suspects background, history, access to weapons, gangs, red flags
  3. assess victims vulnerability and work through options to mitigate risk (personal safety alarms; landline; cellphone)
  4. record the actions that the victims need to follow to manage risks - if possible get victim to sign - plan should be in writing and agreed to
  5. Contact Women’s Refuge - give details around risk and ODARA score etc
  6. if applicable issue PSO or apply for PO through courts
42
Q

What steps should you take once back at the station after initiating a safety plan?

A
  1. Enter alert into NIA under victim’s name “ a safety plan exists for the victim - contact station for further details” (if suspect has absconded place wanted alert)
  2. keep original of safety plan in watchhouse alongside other court issued orders and PSO’s
  3. Fax pol 1310 to refuge and send CRF to CYFS if children - forward 1320 to FV coordinator by end of shift
  4. victim should receive copy of safety plan from FVC over next day or so
43
Q

What steps should you take to ensure initial referral to support services for FV victims?

A
  1. Ensure victims are safe before leaving the scene and that a safety plan has been prepared - consider removing victim if suspect not located - give victim Victim Information Form
  2. Follow procedures agreed between Police and local support services (NB: victims are often distressed and upset - if they say no simply say you will be calling refuge/victim support who will contact them)
  3. follow local procedures for agency notification - enter notations about safety plan into NIA
44
Q

What is FVIARS?

A

The primary follow up process for subjects of family violence - use FVIARS form to refer a subject to FVIARS through the Family Violence Coordinator - FVIARS assesses cases and makes decisions using a tiered response approach - making ongoing risk assessments of risk and safety issues.

45
Q

What are Police Safety Orders?

A

Immediate orders issued by a qualified constable (or a constable authorised by a qualified constable) under Sec 124B Domestic Violence Act - it can also be issued by a Constable on judicial discretion

They provide an additional tool for Police when attending FV occurrences where an investigation fails to establish full evidence of an offence

They do not need victims consent to be issued. (sec 124C DV Act)

46
Q

What is a qualified constable?

A

of or above position of Sergeant - must be substantive

47
Q

What are effects of a safety order?

A

Sec 124E DV Act

(1) must Immediately
- surrender any weapons and firearms license in possession or control, to a constable;
- vacate any land/building occupied by a person at risk - regardless of whether they have legal interest in it
- provides cooling down period where person at risk has time to seek support including applying for TPO if desired

condition of every order that the person cannot:

  • physically or sexually abuse person at risk (or threaten to)
  • damage, or threaten to damage property of person at risk
  • engage or threaten to engage in other behaviour including intimidation/harrassment which amounts to psychological abuse of the person at risk
  • encourage any other person to engage in any of behaviour above against a person at risk
  • watch/loiter/prevent or hinder access to or from any place of residence/business etc of person at risk
  • follow, stop or accost a person at risk
  • make any contact with person at risk except as is reasonably necessary in an emergency.
48
Q

What is the effect of a PSO on a parenting order?

A

If a safety order is issued against a person who is a party to a parenting order then that parenting order is suspended - day to day contact or care has no effect and provisions of PSO must apply - Sec 124G DV Act

49
Q

When can a PSO be issued?

A 
Sec 124B (1) DV Act
By a qualified constable (or authorised by one) against a person who is or has been in a domestic relationship with another person if the constable:
- does not arrest the bound person for an offence involving use of violence against person at risk BUT has reas grounds to believe, taking specific matters into account, that the issuing of a PSO is nec to ensure the immediate safety of the person at risk

Once an arrest is made window of opportunity to issue PSO is closed

Can also be considered where the parties usually share a household or are in a close personal relationship

50
Q

When can a PSO not be issued?

A

When person is arrested for a FV offence (including intimidation/threatening behaviour/psych abuse).

If person is under 17 yrs of age (sec 124D DV Act).

if person is subject of a PO against the person at risk the it is likely that the behaviour will constitute a breach of PO. Arrest for breach of PO should be first consideration but if insufficient evidence then a PSO can be issued

51
Q

What factors should you consider when deciding to issue a PSO?

A

Sec 124B(2) DV Act

  • risk information collected in FV forms (eg previous interactions with police, mental illness, alcohol and drug abuse, propensity for violence, FV history, parenting/PO orders)
  • likely that person has used, will use again or is using domestic violence against person at risk or any other person with whom they have a domestic relationship.
  • welfare of any children residing with person at risk
  • the hardship that my be caused if the PSO is issued (who will have family car, who is in charge of family finances/eftpos cards etc, financial ability for person to find alternative accommodation).
  • any other matter that may be relevant
52
Q

How long can a PSO be issued for?

What should you consider when deciding the duration of a PSO?

A

Up to 5 days

Have regard to the factors to consider when deciding to issue a PSO in first place (sec 124B(2) DV Act) and carefully consider impact of PSO on family - hardship to any person, and welfare of children)

Start with considering 24 hrs - factor in weekends/public holidays - and access to courts if wanting to seek PO etc - and how long it will take family to access support services

53
Q

What steps should you take to obtain authorisation for a PSO?

A
  1. complete all inquiries to identify possible offences - if no offences complete pol 1310 and consider whether to issue PSO taking into account of factors
  2. must get authority from a qualified constable ( substantive sergeant) - if have acting Sgt contact COMMS or O/C Station
  3. document discussion about authorisation to issue at the time it was given - sgt sign pol 1310 or make note in notebook if not at scene
54
Q

What powers do Police have pending the authorisation and issuing of a PSO?

A

Can detain the person for up to 2 hours to allow you to:

  • obtain nec authority
  • to issue
  • to serve the PSO. (sec 124I Dv Act)

2hrs starts from when the constable decides a PSO is necessary and seeks authorisation

Can remove the person from the property to a Police Station of vehicle during detention - or detain within the home if appropriate

A person who refuses to remain/be detained commits an offence - can be arrested without warrant and liable to a $500 fine Sec 124I DV Act

55
Q

What happens if you are unable to issue and serve the order within the 2hr period?

A

You have 48 hours from the time a PSO is authorised to issue and serve it on the person - PSO expires if not served within 48 hrs - Sec 124H DV Act

56
Q

What steps should you take regarding the person at risk once you have issued a PSO?

A
  • arrange relevant support and ensure immediate safety
  • arrange advocacy for person at risk and ensure it occurs while PSO is in force
  • while still at scene ring FV support agency - they can speak to victim
57
Q

Outline 6 steps to take when a PSO is served?

A
  1. follow procedures for serving PSO
  2. fully explain to person at risk and bound person the nature, purpose, duration and effect of PSO, and consequences of breaching the order (sec 124J)
  3. Record PSO in NIA by ringing CRL 0800 NZP PSO - PSO cannot be manually entered into NIA
  4. ensure bound person surrenders firearms/weapons/licence and vacates land/building (obtain contact details)
  5. contact appropriate support agencies
  6. before end of shift complete pol 1310, ensure copies of PSO are on file and notify FVC.
58
Q

What happens if a person breaches a PSO?

A

They can be arrested (can use reas force) but it is not an offence. (Sec 124L)

If arrested - Court with 24 hours or if this cannot be achieved bail and summons to Court (Sec 124M)

Make a complaint to the Court on Pol 2142 requesting it make an order under Sec 124N DV Act

59
Q

What was held in the case Mark v NZP (2013)

A

If the bound person is expected to contest the breach or raise any issues the arresting officer must be prepared to go to Court and have the person at risk also attend to give evidence.

60
Q

What happens if the bound person absconds after breaching the PSO?

A

you must advise CRL - and you have one month from time of breach to locate and arrest - then 24 hrs to bring to court - a complaint is then filed using Pol 2142 and order sought under Sec 124N DV Act

61
Q

Can you apply for a warrant to be issued when bound person has absconded after a breach of PSO?

A

Yes - under Sec 124O (1) (a) of the DV Act.

The warrant must be recorded as an alert in NIA - power of entry using reas force if you have reas belief person at a specific address

if not located within a month the warrant must be withdrawn - (it expires on NIA after 10 days but is still active for one month)

62
Q

How do you file a complaint for a breach of PSO?

A

Use pol 2142 - not a charging document

Must be sworn at court by the constable named on the complaint = a copy of the pol 2142 is electronically submitted to the court but the original must still be signed by the constable at the court

63
Q

What powers do the Courts have under sec 124N DV Act?

A

if satisfied a breach has occurred the court can direct another PS be issued for up to 5 days AND/OR adjourn the proceedings so that a DC Judge can consider whether a temp PO should be issued

64
Q

What attempts must be made to notify the person at risk of the Court decision?

A

Prosecutor or Constable must attempt to contact person at risk to advise of outcome. They can request the CRL contact the person by making 3 attempts to telephone within 1 hour, sent local unit and complete 4Q, then update NIA to reflect attempts made.

Onus on the district to advise person at risk - CRL will only assist

65
Q

What is the only offence relating to PSO’s?

A

Sec 124N DV Act

Failing to remain while a PSO is issued

Must prove the person was detained by a constable who was proposing to issue a PSO and they refused or failed to remain at the place where they were detained/taken

Can arrest without warrant

Fine not exceeding $500 (summary jurisdiction)

66
Q

Who is protected under a Protection Order?

A

The applicant and any child of the applicant’s family

Child protected while they remain member of family or order is discharged (sec 16(1A))

A child aged 17 yrs or older remains protected until they leave home, or order is discharged (Sec 16 (1B))

Adult children not living with applicant must be identified on the order or seek own order

PO can also include a named person with whom the applicant has a domestic relationship with (sec 16 (2))

67
Q

Can parents take out a PO against their children?

A

No - should be dealt with under CYPF Act

68
Q

Who can issue and discharge PO’s?

A

Family Court (sec 45 DV Act)

District Court can detain a person for up to 2 hrs for purpose of issuing a temp PO

District Court can now also issue final PO when sentencing an offender convicted of an offence involving domestic violence if satisfied the order is necessary for the victims’s protection and the victim does not object to the order.

69
Q

What are the Standard Conditions of a PO?

A

Sec 19(1) DV Act
Respondent must not:
- physically or sexually abuse protected person
- threaten to physically or sexually abuse them
- damage or threaten to damage property of PP
- engage or threaten to engage in other behaviour including intimidation or harrassment which amounts to psychological abuse of the PP
- encourage any person to engage in any of above behaviour against a PP

70
Q

What are the Standard Non Contact provisions of a PO?

A

Sec 19(2) DV Act
Respondent must not:
- watch, loiter near, or prevent or hinder access to or from the PP place of residence, business, employment, educational institution or any other place the PP often visits
- follow the PP about or stop or accost the PP in any place
- without the PP express consent, enter or remain on any land or building occupied by the PP
- where the PP is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass
- make any other contact with PP by telephone, email, text etc except if reas nec in an emergency; permitted under order regarding day to day care/contact with minor; provided for in a special condition of PO; is nec for attending FGC or is nec for purposes of attending a settlement under Care of Children Act

71
Q

What is the exception provided for under Section 20 DV Act in relation to the non contact provision?

A

Where the PP and the respondent are, with the express consent of the PP, living in the same dwelling house.

Non-contact provision suspended while living together - but PP can withdraw consent to live together at any time and non contact provision is active again

Can do this as many times as they want

72
Q

What must the Court also do when they issue a PO?

A

Direct the respondent to attend a programme such as counselling, unless there is good reason not to.

Non compliance with such a direction is an offence.

73
Q

What is the standard condition of a PO relating to weapons?

A

Sec 21 DV Act

  • respondent must not possess of have under their control any weapon
  • respondent must not hold a firearms licence
  • respondent must as soon as practicable after service of PO, but no later than 24 hours, or at any time on demand by any constable, must surrender to the constable any weapon (under possession or control - whether lawfully or not) and any licence.

TPO - suspends firearm licence
Final PO - revokes firearm licence

74
Q

Are old non molestation and non violence orders under the old legislation still valid?

A

Yes - they are deemed now to be PO under the new act - the only difference is they do not contain the conditions relating to weapons

75
Q

What other powers do Police have for seizing firearms in FV incidents?

A

Sections 27(1) and 27A Arms Act 1983 - revocation of firearms licence

Sections 18 S and S Act 2012 - warrantless searches associated with firearms
- directed at removing arms from situations involving family or domestic violence - can exercise power when person in possession and control is either subject of a PO or a PSO, or in respect of whom there are grounds for applying for a protection order.

76
Q

What is a child under the DV Act 1995?

A

person who is under 17 yrs but does not include a person who is or has been married or in a civil union or defacto relationship

77
Q

What is the definition of a ‘child of the applicants family’ under the DV Act 1995?

A

a child who ordinarily or periodically resides with the applicant (whether belonging to the applicant and the respondent or either of them)

78
Q

What is a dwellinghouse under the DV Act 1995?

A

includes any flat or town house, any mobile home, caravan or other means of shelter placed or erected on any land and intended for occupation on that land

79
Q

What does ‘family member’ mean under the DV Act 1995?

A

any person who is or has been related to the person by blood or through marriage, civil union, or de facto relationship or by adoption

any other person who is a member of that person’s whanau or other culturally recognised family group

80
Q

What does ‘partner’ mean within the DV Act 1995?

A

civil union partner
de facto partner
any other person who is also the biological parent of the same person

81
Q

What does ‘property’ mean within the DV Act 1995?

A

property the person owns; or does not own but uses, enjoys or is available for their use and enjoyment, or is in the persons care or custody, or is at the persons dwelling house

82
Q

What does Protected person mean in relation to the DV Act 1995?

A

the person for whose protection the order is made and any child of that persons family and any person for whose benefit the order applies

83
Q

What does Domestic Violence mean under DV Act 1995?

A

Sec 3 DV Act 1995

  • violence against that person by any other person whom that person is or has been in a domestic relationship
  • violence means physical abuse; sexual abuse; psyc abuse (intimidation, harrassment, property damage, threats of above, financial or economic abuse
  • a person psyc abuses a child if that person causes or allows that child to see or hear physical, sexual or psyc abuse of a person with whom that child has a domestic relationship OR puts the child, or allows them to be put at real risk of seeing or hearing that abuse. (but the person being abused is not considered to have psyc abused child)
  • a single act can amount to abuse or a number of acts that form a pattern of behaviour can amount to abuse even though in isolation may appear trivial
84
Q

What does Domestic Relationship mean under DV Act 1995?

A

Sec 4 DV Act 1995

  • spouse/partners
  • family members
  • ordinarily shares household (not landlord-tenant, or employer-employee)
  • close personal relationship (not employer - employee)
85
Q

When may the Court make a protection order?

A

Sec 14 DV Act 1995
when satisfied that the respondent is using, or has used, DV against the applicant, or a child of the applicant’s family, or both AND the making of an order is necessary for the protection of the applicant, or child or both

86
Q

What is provided for in Section 17 of the DV Act 1995

A

The Court may also direct a PO applies against a person whom the respondent is encouraging, or has encouraged, to engage in behaviour against a PP that if engaged in by the respondent would amount to DV

87
Q

What is the offence provision in the DV Act?

A

Sec 49 DV Act 1995

offence if do any act in contravention of the PO or fails to comply with a condition of the PO

defence if defendant proves they had a reasonable excuse for breaching PO

3 years imprisonment

88
Q

What is the power of arrest for breaches of PO?

A

Sec 50 DV Act 1995 - good cause to suspect a person has contravened the PO or failed to comply with condition of PO - can arrest without warrant

89
Q

What is provided for under section 90 DV Act 1995?

A

When a copy of a PO is received at a police station, the O/C station must immediately establish whether or not the respondent and any associated respondent named in the order hold a firearms licence

  • must then consider whether powers under sec 27(1) and 27A of the Arms Act 1983 should be exercised (revocation of licence)
  • must then also consider whether the powers under s 60A Arms Act (now s323(2) S and S Act) should be exercised - seizure of firearms in DV cases)
90
Q

What matters must the Court have regard to when determining whether a close personal relationship exists in order for there to be a domestic relationship?

A

Court must have regard to nature and intensity of the relationship and in particular

  • amount of time spent together
  • place that time is ordinarily spent
  • manner is which that time is ordinarily spent
  • not nec for there to be a sexual relationship

Court must also have regard to the duration of the relationship

91
Q

What effect does a PSO have on a firearms license?

A

Sec 124F DV Act
for the period the order is in force any firearms license is suspended and they are considered not to be the holder of a firearms license.

92
Q

What was held in Police v Elliot (1996)

A

Husband and wife live together - history of FV and a PO in place - wife withdrew consent to remain and asked him to leave

HELD:
1 - applicant is able to withdraw, at any time, their consent for the respondent to remain at the address - respondent must leave within reasonable time
2 - Police should inform the respondent that they are required to leave, and should provide a reasonable time to gather some basic items together and arrange for somewhere to go
3 - if respondent still refuses - breach and arrest
4 - if violence has been used PO is automatically breached and can be arrested

93
Q

What was held in Senior v Police (2013)

A

Facebook case - S had a PO against him and wrote abuse about his former partner on his facebook page - she was not a friend of his on face book but her niece was and she showed it to his former partner

HELD: it was at least highly reckless to put very strong personal abuse on facebook where it could be read by a large number of friends some of whom would inevitably have contact with the person being threatened

abuse doesn’t have to be directed towards protected person - and doesn’t need to be evidence that abuser intended protected person to see or hear the abuse.

Sergeants CPK (3 decks)

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