Module 19 - DOMESTIC VIOLENCE

Question 1

What is the cycle of violence?

Answer 1

• Build up phrase
• Stand-over phrase
• Explosion
• Remorse
• Pursuit
• Honeymoon

Question 2

What is a Personal Violence Offence (PVO) and the Act and Section

Answer 2

Crimes (Domestic and Personal Violence) Act 2007 (NSW) Section 4
• Assaults
• Property Damage
• Break and Enter Offences
• Intimidation
• Stalking

Question 3

What is a Domestic Relationship (DR) and the Act and Section (MISSDORA)

Answer 3

Crimes (Domestic and Personal Violence) Act 2007 (NSW) Section 5
1. A person has a domestic relationship with another person if the person
a. Is or has been married to the other person
b. Is or has been a de facto partner of that other person
c. Has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature
d. Is living or has lived in the same household as the other person
e. Is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person
f. Has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person
g. Is or has been a relative to the other person
h. In the case of an Aboriginal or Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture
i. Two persons also have a domestic relationship with each other

Question 4

What is a Domestic Violence Offence (DVO) and the Act and Section

Answer 4

Crimes (Domestic and Personal Violence) Act 2007 (NSW) Section 11
• A personal violence offence
• An offence (other than a PVO) that arises from substantially the same circumstances as those from which a PVO has arisen
• An offence (other than a PVO) the commission of which is intended to coerce or control the person or to cause that person to be intimidated or fearful

Question 5

How can a Domestic Violence Offence be remembered as?

Answer 5

DVO = DR + PVO
Domestic Violence Offence = Domestic Relationship + Personal Violence Offence

Question 6

What is DVSAT? What is Part A and Part B?

Answer 6

Domestic Violence Safety Assessment Tool and is a risk identification checklist
Part A – contains 25 risk identification questions
Part B – relates to all DV incidents (intimate or non-intimate)

Question 7

What amounts to a ‘serious threat’ level in the DVSAT?

Answer 7

1. 12 or more “yes” answers in Part A
2. Police have used their professional judgement to determine the victim is at threat
3. Meeting the NSWPF standard for repeat victimisation

Question 8

What are the ACT and Sections?

Answer 8

Question 9

What is IBADGASO for ‘Personal Violence Offences’

Answer 9

I – Intimate images
B – breach of apprehended Violence Order
A – All manner of assaults
D – damage to property
G – guns
A – attempts at these things
S – stalking and intimidation
O – other offence

Question 10

What is an Intimate Image?

Answer 10

A still or moving image, whether altered or not.
An image of a person’s private parts, or of a person engaged in a private act, in circumstances where a person would reasonable expect to be afforded privacy

Question 11

The Crimes Act 1900 No 40 (NSW) contains the ‘Intimate Image’ offences:

Answer 11

Section 91P – Record intimate image without consent
Section 91Q – Distribute intimate image without consent
Section 91R – Threaten to record or distribute intimate image

Question 12

What does AVO mean?

Answer 12

Apprehended Violence Order

Question 13

All manner of assaults are in the Crimes Act 1900 No 40 (NSW) (Ps. Over 80 offences)

Answer 13

• Section 61 – common assault
• Section 19A – Murder
• Section 24 – Manslaughter
• Section 27, 28, 29, 30 Attempted murder
• Section 33, 33A, 35, 35A Acts causing danger to life
• Section 31I, 31J, 61JA, 61K, Sexual Assault
• Section 86, 87 Kidnapping

Question 14

The Crimes Act 1900 No 40 (NSW) contains the ‘damage to property’ offences:

Answer 14

Section 195 – Destroy or Damage Property
Section 196 – Destroying or Damaging property with intent to injure a person
Section 198 - Destroying or Damaging property with intention of endangering life
Section 199 – Threatening to destroy or damage property
Section 200 – Possession etc of explosives or other article with intent to destroy or damage
These are considered PVO

Question 15

The Crimes Act 1900 No 40 (NSW) contains the ‘gun’ offences:

Answer 15

Section 93G – Causing danger with firearm or spear gun
Section 93GA – Firing at dwelling

Question 16

What is the Crimes (Domestic and Personal Violence) Act 2007 (NSW) Section 13? And the elements?

Answer 16

Section 13 – Stalking or Intimidation with intent to cause fear of physical or mental harm
- The defendant
- Stalks or intimidates
- Another person (victim)
- Intending to cause the other person to fear
- Physical harm or mental harm
- To the victim themselves, or to a person with whom the victim has a DR

Question 17

Other offences?

Answer 17

There are several other offences
- Breaking and/or entering
- Committing or attempting to commit serious indictable offence
o This is referred to Section 4a or 4b and considered to be PVO

Question 18

Is harassment as offence?

Answer 18

No, as it constitutes a person’s behaviour

Question 19

What Act and Section is Choking, Suffocation and Strangulation?

Answer 19

Crimes Act 1900 (NSW), Section 37

Question 20

What are the following Sections of LEPRA?
Section 9 –
Section 10 –
Section 13 –
Section 13A –
Section 21 –
Section 23 –
Section 82 –
Section 83 –
Section 84 –
Section 85 –
Section 86 –
Section 87 –

Answer 20

Section 9 – power to enter in emergencies
Section 10 – power to arrest or detain someone or execute warrant
Section 13 – False or misleading information about identity
Section 13A – Identity of suspected AVO defendant may be requires or disclosed (may not be in exam though)
Section 21 – Power to search and seize and detain things without warrant
Section 23 – Power to search for dangerous implements without warrant in public places and schools
Section 82 – Entry by invitation
Section 83 – Warrant where entry denied or authority to remain refused
Section 84 – Obstruction or hindrance of person executing warrant or exercising power
Section 85 – Powers that may be exercised on entry into premises
Section 86 – Police may enter and search facility
Section 87 – Search and seizure powers

Question 21

Dynamics of Domestic Violence

Answer 21

Domestic Violence is when one person attempts physical or psychological domination and control of the other within a domestic relationship by one or more of the following
1. Physical Violence
2. Sexual Violence
3. Threatens and intimidation
4. Emotional/psychological abuse
5. Social abuse
6. Economic deprivation
7. Coercive control

Question 22

What is MISSDORA?

Answer 22

Crimes (Domestic and Personal Violence) Act 2007 (NSW) Section 5 – Domestic Relationship
M – Married D - Defacto
I – Intimate O – Ongoing Dep
S – Same Household R - Relative
S – Same Residential facility A – ATSI