Family Violence / PSO / Protection Orders

Question 1

What are the 6 principals that guide Police response to family violence?

Answer 1

1 - early intervention
2 - culturally appropriate
3 - safety - ensure everyone (especially victims and children) are safe before leaving the premises.
4 - collection of risk information - to enable decision makers to assess, plan and manage risk to victims and guide decisions around offender management
5 - accountability - holding offenders to account for their actions by activating a prompt and comprehensive response. Directing offenders to programmes that will stop the violence should be encouraged.
6 - Working collaboratively - coordinate responses to family violence through FV coordinators across Police work groups.

Question 2

What are the characteristics of family violence?

Answer 2

The majority of family violence is intimate partner violence. The perpetrator is mostly male and the victim female.

Children are typically present at 50% of all FV occurrences.

Police must collect risk information when FV involves an intimate partner or when children are present.

Question 3

Corroboration is required if the victim becomes a reluctant witness. This may include?

Answer 3

• medical examination
• photographs of injuries
• scene examinations
• clothing
• witness statements
• 111 call

Question 4

When should you arrest in a FV offence?

Answer 4

If there is sufficient evidence for a FV offence or breach of protection order offence , the offender should (except in exceptional circumstances) be arrested.

Question 5

What do you do if there is insufficient evidence to arrest?

Answer 5

Consider issuing a PSO. Ensure the victim is safe before leaving. DO NOT give a warning.

Question 6

Breach of protection order and an assault has occurred what must you do?

Answer 6

Charge the offender with the assault and the breach.

DO NOT release the offender on bail for 24h provided there is no court hearing before the period has elapsed.

Question 7

Police bail considerations for FV offenders

Answer 7

The primary consideration is the safety of the victim linking the victim to appropriate support and services and the possible need for the defendant to have a cooling off period.

Question 8

Who can authorise police bail for FV offenders?

Answer 8

You must have the authority of a supervisor of or above the level of sgt before releasing the defendant on bail.

Question 9

Presumption of court bail

Answer 9

In most cases there is a presumption that a defendant is to be bailed.

Question 10

Procedure for offering support services

Answer 10

If the victim says no when you ask if they want support, simply advise that you will be calling the agency you work closely with and that the agency will arrange for a worker to provide information and give them early assistance.

Question 11

PSO - what are they?

Answer 11

PSO’s are immediate orders issued by a qualified constable when attending FV occurrences where an investigation fails to establish full evidence of an offence.

Question 12

Who is a qualified constable?

Answer 12

Of or above the position level of sgt. Most be a substantial sgt or formally appointed or authorised under section 63 of the Policing Act.

An acting sgt cannot issue PSO’s.

Question 13

When can PSO’s be issued?

Answer 13

When the parties are in a domestic relationship and the constable does not arrest the bound person but has RGTB an order is necessary to ensure the safety of the person at risk.

Question 14

When can a PSO NOT be issued?

Answer 14

• When a person has been charged for a FV offence.

- When a person is under the age of 16 years.

Question 15

How long can a PSO last for?

Answer 15

A PSO cannot exceed 10 days.

Question 16

What are the police powers pending the authorisation and issue of PSO?

Answer 16

Police can detain the person for up to 2 hours. The 2 hour period commences when a decision to issue a PSO is made.

Police can remove the person from the premise and take them to a police station or place used as a police station (patrol car) during the period of detention.

Question 17

Refusing to remain at the place where they are detained for a PSO.

Answer 17

A person commits an offence and can be arrested without warrant if he/she fails to remain at the place where they are detained.

$500 fine.

Question 18

Unable to serve a PSO during the 2 hour period?

Answer 18

You must release the detained person. You then have 48 hrs to issue and serve the order on the person.

The 48hrs starts when the qualified constable authorises the issuing of the PSO.

Question 19

Arresting for breach of PSO

Answer 19

You must bring the person before the court within 24hrs. If this is not possible you must release at expiry of the 24hrs and summons them to appear in court.

Question 20

Who can issue protection orders?

Answer 20

Family court or District court

Question 21

Are the applicants’ children protected by the protection order?

Answer 21

the applicants’ children are automatically protected. A child of the applicant who is 17 yrs or order (adult children) are protected until they leave home. Adult children who have left home are not protected unless they are specified as a protected person in the order.

Question 22

Protection order conditions of the respondent relating to weapons

Answer 22

The respondent must not possess any weapon under their control or hold a firearms licence.

Question 23

When must the respondent of a protection order surrender their weapons and firearms licence?

Answer 23

As soon as practicable after the service of the order but within 24hrs and on demand at any time by a constable.

Question 24

Police must serve the protection order if the respondent ..?

Answer 24

• holds a firearms licence OR
• is believed to be in possession of or have access to a firearms licence OR
• there is potentially a significant risk to the server.

Question 25

In regards to domestic violence - violence includes?

Answer 25

Physical, sexual or psychological abuse.

Question 26

A person is in a domestic relationship with another person if?

Answer 26

• they are a spouse or partner
• they are a family member of the person
• they ordinarily share a household (flatmates included)
• they have a close personal relationship with the other person

Question 27

A person is not regarded as being in a domestic relationship if they have

Answer 27

• a landlord/tenant relationship

- an employer/employee relationship

Question 28

What are the standard conditions of a protection order that a respondent must NOT do?

Answer 28

• physically threaten or abuse the protected person
• threaten to sexually assault the protected person
• damage or threaten to damage the protected persons property
• make any contact with the protected person by telephone, electronic message, correspondence or otherwise

Question 29

When can a respondent of a protection order make contact with the protected person?

Answer 29

• in an emergency
• if permitted under any order or agreement relating to the role of providing day to day care for or custody of a minor
• if permitted under a special condition of the order
• for the purposes of attending a FGC

Question 30

What are the elements of the offence for breach of protection order?
What is a possible defence for the defendant for breaching?

Answer 30

Every person commits an offence who breaches a protection order by -

(a) doing an act in contravention of the order OR
(b) failing to comply with any condition of the order

It is a defence if the defendant proves that he or she had a reasonable excuse for breaching the order.

Question 31

What is the restrictions on police bail for FV offences?

Answer 31

A person must NOT be granted police bail for 24hrs immediately following their arrest.

Note: when granting bail (after 24hrs) you must have the authority of a supervisor of or above the level of sgt before granting police bail.

Question 32

If the bound person has absconded after breaching the PSO

Answer 32

You have 1 month to locate them and bring them into custody. You then have 24hrs to bring them before a court.

Question 33

Warrants for breaching a PSO

Answer 33

You may apply to the court for a warrant to be issued. This provides power of entry if you have reasonable belief that the person is at the address.

Warrant lasts for 1 month - must be withdrawn if you cant find them.

Question 34

When a person breaches a PSO and attends court the prosecutor, officer of the court or constable must advise the victim of what?

Answer 34

• make 3 attempts of telephone calls within 1 hour
• then send local unit to complete a 4Q follow up event
• update NIA record to reflect the action taken

Question 35

When can you issue a PSO to a 16 and 17 year old? Determining special circumstances.

Answer 35

• RGTB an order is necessary to help make the person at risk safe from serious FV AND
• total level of concern (SAFVR and Dynamic) in on duty is high AND
• approval from a snr sgt or above AND they have consulted with OT regarding placement/status

Question 36

What can you do if you detain a child for the purposes of issuing a PSO and they abscond?

Answer 36

You may arrest the bound child without warrant if they fail or refuse to remain at that place.

This applies regardless of whether an order is issued or served. Will be dealt with in youth court.

Question 37

When a child breaches a PSO

Answer 37

You may take them into custody.

They appear before the district court by way of a complaint.

It is not technically an arrest, therefore is does NOT authorise the use of OT Act section 234 to do with placement.

Question 38

Under the Act what is the age of an ‘adult child’?

Answer 38

A person aged 18 years and older.

Question 39

Protection orders against a child or YP

Answer 39

Applicants CANT take out a protection order against a child or YP unless satisfied that a child is aged 16 yrs or over and that order is justified by special circumstances.

Question 40

Who issues protection orders?

Answer 40

Issued by the family court and can only be discharged by the court.

But the district court can too, if they are satisfied that a person has failed or refused to comply with a PSO they can order a temporary protection order.

The district court can also issue a final protection order when sentencing an offender of a family violence offence if its necessary for the victims protection and they don’t object to the matter.

Question 41

On the making of protection order, any firearms licence held by the respondents is

Answer 41

Deemed to be suspended.

The licence becomes revoked when an order becomes final.

Question 42

If through your family harm investigations or other duties, you become aware that a respondent of a non molestation or non violence order has a firearms licence you must?

Answer 42

Notify an inspector or above to consider revocation of the firearms licence.

Question 43

Serving protection orders - service principals

Answer 43

• safety
• information gathering
• accountability
• working collaboratively

Question 44

How long does a protection encapsulate an ‘adult child’ for when does the protection order expire?

Answer 44

When an an ‘adult child’ is over 18 and leaves home, they must be defined on the protection order that they are protected or the courts discharge the protection order.

Question 45

District court ability to issue protections orders and detain for how long?

Answer 45

After determining that a temporary protection order is to be issued, the district court can detain the person for a period not exceeding 2 hours for the purpose of issuing and serving the order.

Question 46

The district court are in the process of sentencing an offender for FV related offences, can they issue a final protection order?

Answer 46

The district court can also issue a final protection order when sentencing an offender convicted of an offence involving FV if it is satisfied that the order is necessary for the victims protection and the victim does not object to the order.