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Final Law Exam Flashcards

1
Q

What is Domestic Violence

A

DV is a Personal Violence Offence which has occured in a domestic setting

Domestic Relationship (DR) + PVO = DVO

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2
Q

What constitues a Person Violence offence (PVO)

A
  • Assaults
  • Property damage
  • break and enter
  • intimidation
  • stalking
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3
Q

What are the elements of abusive behaviour

A
  1. An adult
    1. Engages in a course of conduct against another that consists of abusive behaviour
    2. Against a current or former intimate partner
    3. The accused intends the course of conduct to coerce or control the other person
    4. A reasonable person would consider the course of conduct would be likely, in all the circumstances, to cause the other person
      • Fear that violence will be used against them or another, or
      • A serious adverse impact on their capacity to engage in some or all of the person’s ordinary day to day activities
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4
Q

What constitues abusive behaviour

A
  • Economic financial control
  • Restrictions of liberty (No you cant go out and do that I need you home)
  • Unreasonable control or regulation ( You cant wear that etc)
  • Prevents from doing things or isolates (No I don’t want you drinking or clubbing and I don’t like your friends)
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5
Q

What are the elements for stalk / intimidate

A
  1. The defendant
    1. Stalks or intimidates
    2. Another person (The victim)
    3. Intending to cause the other person fear
    4. Physical harm or mental harm
      To the victim themselves, or to a person with whom the victim has a domestic violence
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6
Q

What is coercive control

A

Coercive control is when someone repeatedly hurts, scares or isolates another person to control them.

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7
Q

What is the meaning of a domestic relationship

A
  • Married
  • defacto
  • live with
  • lived with
  • Dependants and relationships to
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8
Q

What is the purpose of the Mens Telephone Counselling Service

A

to support male defendants involved in domestic violence incidents to change their abusive behaviours and increase accountability for their violence.

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9
Q

Who cannot be referred to Mens telephone counselling service

A
  • Female defendants
  • Male defendants who have not had an AVO put on them or charged
  • Male defendants under 18
  • Male defendants where the only victim is under the age of 16
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10
Q

When must we apply for an AVO

A
  • Domestic Violence offence
  • Stalking or intimidation
  • Child abuse
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11
Q

What information must be included in an avo

A
  • general history
  • specific examples of violence
  • issues relating to family law, drug alco, MH and firearms / weapons
  • previous orders
  • future fears of police of the Person In need of protectio (PINOP)
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12
Q

What is the mandatory orders included in all avos

A
  1. must not assault
  2. must not stalk / intimidate
  3. Destroy or damage property
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13
Q

What is the domestic violence cycle

A
  1. Build up phase
  2. Standover
  3. Explosion
  4. remorse
  5. Pursuit
  6. Honeymoon
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14
Q

What constitutes Domestic violence

A

I - Intimate images
B - Breach of existing AVO
A - Assault (All manners)
D - Damage to property
G - Guns (causing danger with a firearm)
A - Attempts at any of these offences
S - Stalking / intimidation
O - Other offences

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15
Q

What are the four types of ADVOs

A
  1. Provisional
  2. Non - urgent
  3. Interim
  4. Final
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16
Q

What is a SAM

A

A SAM is a seafty assessment meeting where victims who score 12 or above on a DVSAT, their case is discussed and a plan put in place

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17
Q

What are the two parts to a SAM meeting

A

Part A = Intimate partner is discussed (the 25 question checklist sticker)

Part B = All domestic violence incidents are discussed

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18
Q

What is a DVSAT

A

A Domestic Violence safety assessment tool

19
Q

What is the purpose of a DVSAT

A

A tool that police use to assess the level of threat to domestic violence victims

20
Q

How long can police detain someone while waiting for an AVO

A

2 Hours plus a reasonable time to convey to a location

21
Q

What is the main point of an AVO

A

To put something in place to protect people by controlling their behaviour

22
Q

What are some advantages to a DVEC

A
  • Accurate accounts
  • Reduced trauma
  • Victim Experience is captured (Emotion, scene in situ)
23
Q

What are some disadvantage to DVEC

A
  • Inadmissible in evidence if procedure isnt followed
  • Failed Procsecutions
  • victims left with no protection
24
Q

What factors should police be aware of when recording a DVEC

A
  • Alcohol or drugs
  • Emotional Trauma
  • presence of children
  • Presence of the defendant
25
What should be used to record a DVEC (in order)
1. Mobi Pol (max 2 metres) 2. DVEC Camera 3. BWV Camera (1-1.5 metre)
26
What is DVEC
Domestic Violence Evidence in Chief
27
What gives you power to enter a premises in emergencies
Section 9 LEPRA Includes : - Breach of the peace - Person has suffered significant injury - There is a body of a person who has dies
28
In the instance of a body of a dead person, who can provide approval to enter under section 9 LEPRA
Rank of Inspector or above
29
What is section 37 of the Crimes DPV Act
The ancillary property recovery order allows PINOP or Defendant to enter the property to recover an approved List of property from a location
30
What is section 82 LEPRA
"82 Come on through" Entry by invitation
31
What is Section 83 of LEPRA
"83 Leave me Be" A warrant where entry denied or refused / discontinued
32
Where do police get the power to stay on a premises when entry is no longer permitted
Section 82 (3) Power to remain on a premises
33
What Powers do you have under section 82 (3)
Police have power to - Direct a person to leave - Remove a person from the dwelling - Prevent a person from entering - Prevent a person from leaving
34
What obligations do police have when DV has occurred
"section 85, do the five" - Investigate the incident - Render aid - Prevent further offences - Arrest - Firearms ask about and seize
35
What gives you the power to seize firearms
"section 86, Bang sticks"
36
What is section 87 LEPRA?
"87, other things that will send you to heaven" Power to search and detain dangerous articles / implements
37
What gives police the power to direct people while in the interim of a provisional violence order
Section 89 A (Crimes DPV Act) gives police power to direct people to: - Remain at a place - Remain at the scene - go to and remain at police station - accompany police to the police station - accompany police to a location to recieve first aid - go to any other place agreed to
38
If a person doesnt comply with the direction of section 89 A What can police do
Section 90 Crimes DPV Act Gives police the power to detain a person and make them accompany police to the station
39
How long can police detain a person for
Section 90 A Crimes DPV Act says police can detain for 2 hours plus a reasonable time to travel to the location
40
What are the general Arrest powers
LEPRA s99 - Power to arrest without warrant s101 - arrest with a warrant s105 - Discontinue arrest s202 - IPE s231 - Use of force while making arrest
41
What is the power of general use of force
Secion 230 LEPRA
42
What is the definition of a mentally ill person
A person suffering from a condition what impairs either temporarily or permanently the mental functioning of a person
43
What are some examples of a mental illness
- Delusions - Hallucinations - a severe disturbance in mood
44
What is a mental disordered person
A person whether theyre mantally ill or not, whos behaviour is so irrational that temporary care is justified for their protection from physical harm or protect others from physical harm

Finals Exams (3 decks)

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