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Family Violence > Family Violence > Flashcards

Family Violence Flashcards

Learn all outcomes law level 2

1
Q

What is family violence?

A

Family violence is any behavior that in any way controls or dominates a family member and causes them to feel fear for their own, or other family members safety or well being it can include,

  • Physical
  • Sexual
  • Physiological
  • Emotional
  • Economic abuse and any behavior that causes an child to hear witness or otherwise be exposed to the effects of that behavior.
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2
Q

The nature of family violence is?

A

A pattern of behaviour.

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3
Q

The cycle of Violence phases are?

A
  • Build up phase
  • Standover Phase
  • Explosion
  • Remorse Phase
  • Pursuit Phase
  • Honeymoon Phase
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4
Q

Build up phase is?

A

Phase may begin with normal relations between parties, but involves escalating tension marked by increased verbal, emotional or financial abuse.

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5
Q

Standover phase is?

A

The behaviour of the person who uses violence in the relationship escalates to the point that a release of tension is inevitable.

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6
Q

Explosion phase is?

A

Marks the peak of violence in the relationship. It is the height of the abuse by the person who uses violence to control and exercise power over others.

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7
Q

Remorse phase is?

A

The person feels ashamed of their behaviour. they try and justify their actions to themselves and to others, unaware they are actually addicted to the emotional release they have just experienced.

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8
Q

Pursuit phase is?

A

Promising they will never be violent again and claiming that other factors have caused them to be violent.

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9
Q

Honeymoon phase is?

A

Both people may be in denial as to how bad the abuse and violence was, both parties do not want the relationship to end so are happy to ignore the possibility that violence could occur again.

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10
Q

Affected family member (AFM) means?

A
  • A person the subject of an application for a family violence intervention order to protect the person or the persons property.
  • A person for whom a police officer intends to make an application referred to in section 13(a) to ensure the safety of the person or to preserve any property of the person.
  • A person who is seeking leave, or for whom leave is being sought, from the court to make an application for a family violence intervention order.
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11
Q

Respondent means?

A

A person against whom

  • An application for a family violence intervention order has been made
  • A family violence intervention order has been made
  • A family violence safety notice has been issued
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12
Q

Meaning of family violence is?

A

Family violcence is behaviour by a person towards a family member of that person if that behaviour is,

  • Physically or sexually abusive
  • Emotionally or psychologically abusive
  • Threatening
  • Coercive
  • In any other way control or dominates a family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person.
  • Behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of above behaviour.
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13
Q

Meaning of a family member is?

A

A person who has had an intimate personal relationship with the relevant person.

Or,

  • Related
  • Spouse
  • Domestic partner
  • A child who resides regularly or normally with the relevant person
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14
Q

Aims of the code of practice for the Investigation of Family Violence are?

A

Hold perpetrators of family violence accountable for their behaviours by laying criminal charges where appropriate, including for contraventions of family violence intervention orders and family violence safety notices

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15
Q

What are the police options?

A
  • Criminal option
  • Civil option
  • Referral option
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16
Q

Compulsory action, police will….

A

make perpetrators accountable by pursuing criminal and/or civil options where there is sufficient evidence to do so regardless of whether an arrest has been made and/or whether the affected family member is reluctant.

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17
Q

Encouraging victim confidence by……

A
  • Responding quickly
  • Gave the woman information and options about what they could do
  • Believed the woman right away
  • Did not try to blame the woman
  • Charged the offender and/or took him away
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18
Q

Powers of Entry, Section 157(1) Family Violence Protection Act 2008 is???

A

Provides a police officer with a power to enter and search without warrant, any premises where the member on reasonable grounds believes a person (i.e the perpetrator of family violence) to be if:

  • The officer reasonably believes that the person has assaulted or threatened to assault a family member or,
  • The officer reasonably believes the person is on the premises in contravention of a family violence intervention order or family violence safety notice.
  • The officer reasonably believes that the person is refusing or failing, or has refused or failed, to comply with a direction to which the person is subject to under holding power.
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19
Q

What if a police officer is involved in a family violence incident?

A

Same response as any other family violence incident, Responding police must notify a supervisor.

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20
Q

Section 37 is?

A

Contravention of a safety notice (Summary)

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21
Q

Section 37A is?

A

Contravention of a safety notice intending to cause harm or fear for safety (Indictable)

22
Q

Section 123 is?

A

Contravention of an intervention order (Summary)

23
Q

Section 123A is?

A

Contravention of an intervention order intending to cause harm or fear for safety (Indictable)

24
Q

Section 125A is?

A

Persistent contravention of safety notices and intervention orders (Indictable)

25
Q

Section 38 (Family violence safety notice) is?

A

If a police officer believes on reasonable grounds that a person has committed an offence against section 37, the officer may, without warrant, arrest and detain the person.

26
Q

Section 124 (Intervention order) is?

A

If a police officer believes on reasonable grounds that a person has committed an offence against section 123, the officer may, without warrant, arrest and detain the person.

27
Q

Defences to a charge of contravention of a safety notice?

A

If the defendant can prove he/she is,

  • The respondent in the safety notice
  • Is also the respondent named in a current intervention order with the same protected person, and
  • his/her conduct did not contravene the conditions of the intervention order
28
Q

Proof of persistent contravention section 125A is?

A

On at least 3 occasions within a 28 day period the accused engaged in conduct that would constitute an offence against section 37 or 123 (Summary only)

29
Q

Is consent a defence to breaching an order?

A

No

30
Q

FVPA Section 95 (Firearms)

A

Suspension or cancellation of firearms authority

31
Q

FVPA Section 158 (Firearms)

A

Surrender of firearms and weapons

32
Q

FVPA Section 159 (Firearms)

A

Power to search without warrant

33
Q

FVPA Section 160 (Firearms)

A

Warrants to search premises and vehicles

34
Q

FVPA Section 163 (Firearms)

A

Seizure of firearms

35
Q

When must police conduct a risk assessment?

A

A risk assessment must be conducted in all cases where police are called to a family violence incident

36
Q

Criteria for exercising holding powers?

A

Intend to apply for an intervention order, or an order to vary an intervention order or a family violence safety notice.

  • Is an adult
  • BORG power is necessary to ensure the safety of the affected family member or preserve any property of the affected family member.
37
Q

Direction power?

A
  • Must be given orally and in some circumstances written.
  • Be reasonable in the circumstances
  • The directed person must be told; refuse/fail to comply they may be detained and if apprehended and detained its an offence to escape or attempt to escape
38
Q

Direction power and use of force?

A

If a directed person refuses to comply, a MOPF may use such force reasonably necessary to apprehend and detain the directed person.

39
Q

Section 16 FVPA

A

Gives police power to search a person after a direction or detainment has occurred. SORG that the person has on them any object that may cause injury or damage or be used to escape.

40
Q

Questioning of directed and detained persons for criminal offences ??

A

Must not for any criminal offence or alleged criminal offence.

41
Q

On arrival of the directed person at the police station or as soon practicable you must inform the person they have a right to….

A
  • Communicate or attempt to communicate with a friend or relative (other than the AFM) to inform them of their whereabouts.
  • Communicate or attempt to communicate with a legal practitioner.
42
Q

A person directed or detained must be..

A

Given the information regarding their rights to communicate orally and in writing. VP FORM 1266 must be signed.

43
Q

Directed or detained holding times are?

A

6 hours after the direction given, court may extend for 4 hours. The total period of direction/detention cannot exceed 10 hours.

44
Q

When must police take civil action to protect a victim of family violence?

A

The safety, welfare or property of a family member appears to be endangered by another family member.

45
Q

Applications for interim intervention orders can only be granted by..

A

A Magistrate.

46
Q

Section 75 FVPA

A

Allows the court to make final orders without the consent of the AFM.

  • Limited conditions if AFM does not agree
  • Firearms revoked
  • not to commit family violence

If the AFM is cognitively impaired or has a guardian who has consented the court can include any conditions.

If the family member is a child the court can include any conditions it thinks fits.

47
Q

Arrest and bail for a warrant under the FVPA

A

All respondents are to be bailed to the relevant Magistrates court within five working days.

48
Q

Interim intervention orders are?

A

Only supported by oral or affidavit evidence unless the application is made by the issue of a certified family violence safety notice.

The court may also admit evidence from an expert witness about the dynamics and characteristics of family violence.

Interim orders will expire on the making of a final order or refusal.

An interim intervention order may impose the same restrictions or prohibitions on the respondents behaviour as a final intervention order.

49
Q

Intervention orders can ONLY be served by?

A
  • Delivering a true copy of the order to the respondent PERSONALLY
  • Court ordered substituted service.

Members must explain the conditions to the respondent and complete the affidavit of service.

50
Q

Family violence safety notice is?

A

When immediate civil protection for an affected family member is required any police officer may make application for a family violence safety notice to an issuing officer who is the rank of Sergeant or above.

51
Q

FVSN can only be made in certain circumstances..

A
  • Where the respondent is present or if not present can be served on the respondent as soon as reasonably possible and without unnecessary delay.
  • Where the respondent is over 18
  • No reasonable grounds for having a cognitive impairment
  • No family court access order or child protection order applicable that is in force that may be inconsistent with the proposed terms of the FVSN
  • No intervention orders in place with the AFM and Respondent
  • FVSN is required until an application for an intervention order can be decided by the court.
52
Q

Removal of property while an intervention order is in force…

A

Sections 86 allows the respondent access to the residence in the company of a police officer or another specified person to collect personal property not required to remain in the house to enable normal running of the home.

Family Violence (1 decks)

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