Family Harm

Question 1

What are the 6 principles that guide Police response to family violence

Answer 1

1) 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.

2) Culturally appropriate

3) Early intervention

4) Safety -
ensure everyone (especially victims and children) are safe before leaving the premises.

5) Working Collaboratively -
coordinate responses to family violence through family violence coordinators across police work groups (ASAT, CPT, Youth Aid etc)

6) Collection of Risk Information -
collecting risk info to enable decision makers to assess, plan and manage risk to victims and guide decisions around offender management

Question 2

What do you do if there is insufficient evidence to arrest for a family violence offence?

Answer 2

Consider issuing a Police Safety Order (PSO).

Ensure the victim is safe before leaving.

Do not give warnings where there is sufficient to prosecute

Question 3

Breach of PO and OR New FH charge

Answer 3

Breach of PO arrests cannot be bailed and must be fronted before the court. If no court within 24 hrs bail can be considered by a Sgt or above.

Question 4

EM Bail and PSO service

Answer 4

If someone on EM bail is handed a PSO and is unable to reside at the address on their EM bail, follow procedures in the Bail chapter, Breaches and unsuitable addresses.

Question 5

Police Safety Orders - What are they?

Cannot issue to a person under 16 years

Answer 5

PSOs are immediate orders issued by a qualified constable when attending family violence occurrences where an investigation fails to establish sufficient evidence of an offence yet there is still concerns for saftey.

Person at risks consent is not required.

A/Sgt cannot issue one but substantive sgt or above can also known as a “qualified constable” who has been appointed under section 63 of the policing act.

Question 6

PSO Immediate effects

Answer 6

• Bound person is to surrender any weapons and or fire arms to a constable
• vacate any land or building occupied by the person at risk, weather or not its their property.
• provide a cooling off period where the person at risk has time and space to seek support including applying for a temp protection order and for bound person to also seek support.

Longer effects

• Not to make contact
• not engage in behaviour that amounts to any form of FV.
• Encourage any other person to make contact with the person at risk, where the behaviour or contact would otherwise be prohibited by the order.

Contact not considered a breach

• Reasonably necessary in an emergency
• permitted under any special conditions of any relevant PO.
• Necessary in order to attend a FGC
• Necessary to attend a matter such as a restorative justice conference etc.

Question 7

What happens when a PSO is served and there is a parenting order in place

Answer 7

Parenting order is suspended and the PSO conditions apply for the duration.

Question 8

When can a PSO not be issued

Answer 8

When the person posing risk is charged for a FH offence. In these cases bail conditions will be set which is essentially serving the same purpose as a PSO.

Cannot issue to a person under 16 years

Question 9

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

Answer 9

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 10

When can you issue a PSO to a 16 and 17 year old?

Determining ‘special circumstances’

Answer 10

RGB an order is necessary to help make the person at risk safe from serious family violence

And

total level of concern (SAFVR and Dynamic) in OnDuty is High

And

approval from a Snr Sgt or above AND they have consulted with OT regarding placement/status

Question 11

Refusing to remain at the place where they are detained re PSO, what are your options?

Answer 11

A
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 12

PSO Follow up

Answer 12

Police should contact the person at risk while PSO is still in place. Ideally within 24-48hrs.

This is to check if any breaches have occured and ensure they understand what a breach is.

Bound person should also be contacted and offer support services to them to address the FH. also ensure they understand what a breach is and the consequences. if bound person was intoxicated when given the notice this follow up is particularly important.

Question 13

What is the procedure if you are unable to serve a PSO during the 2 hour

Answer 13

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

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

Question 14

When a child breaches a PSO:

Answer 14

You MAY take them into custody.

They appear before the District Court by way of a complaint.

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

Question 15

What are your responsibilities regarding their appearance at Court, when “taking someone into custody” for breach of PSO

Answer 15

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

Question 16

How do I go about filing complaints for breaches of PSO?

Answer 16

A charging document is not filed for the breach as a breach is not an offence.

Breaches of PSO’s should be filed using the complaint form (POL 2142) in NIA,

And must be sworn is court by the constable named on the complaint.

Question 17

When a person breaches a PSO and fails to attend court (would be under a summons), what are the Prosecutor, officer of the court or Constable obligated to do in regards to contact with the protected person?

Answer 17

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

Question 18

What applies if the bound person has absconded after breaching a PSO:

Answer 18

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

Police can also apply to District Court for a warrant to be issued regarding the breach. This gives a power to force entry into an address etc. If person not located within a month police need to go back to court and have the warrant withdrawn.

Question 19

What types of corroboration is required if a victim becomes a reluctant witness. This may include

Answer 19

Medical examinations
Clothing
Scene examinations
Photographs of injuries
Emergency call (111) recordings
Witness statements

Question 20

When can a respondent of a Protection Order make contact with the protected person?

Answer 20

• If permitted under a SPECIAL condition of the order
• If permitted under any order or AGREEMENT relating to the role of providing day to day care for or custody of a minor
  -For the purposes of attending a FAMILY group conference
• In an EMERGENCY

Question 21

Who issues PO’s?

Answer 21

Issued by the Family Court and can only be discharged by the court.

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

The DC can also issue a final PO when sentencing an offender of a family violence offence if it’s necessary for the victims protection and they don’t object to the matter.

Question 22

How long does a Protection Order encapsulate a ‘adult child’ for, when does the protection expire?

Answer 22

When the ‘adult child’ is over 18 and leaves home or the order is discharged, adult children not living with the applicant must be identified on the order as a specified person or apply to the court for an order as a protected person ,

Question 23

What are the restrictions for Protection orders against a child or young person:

Answer 23

Applicants can’t take out a PO against a child or young person unless satisfied that a child is aged 16 years or over and that order is justified by special circumstances.

Question 24

When must the respondent of a Protection Order surrender their weapons and firearms license?

Answer 24

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

On the service of a Temp protection order any FA licence held by the respondent is deemed suspended. When order becomes final its considered revoked

Question 25

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 25

Notify an Inspector or above to consider revocation of the firearms licence

Question 26

Serving PO on FA licence holders

Answer 26

Must demand for surrender at time of service but do have up to 24hrs.

If a belief that respondent does have arms, S18 of SS to look for them.

Respondents who fail to surrender all fire arms on demand OR their FA Licence may be arrested for breach of protection order.

Question 27

Definition of Child under the Family violence act

Answer 27

child is someone aged under 18yrs old.

Question 28

Family relationship definition

Answer 28

a) they are a spouse or partner, de facto
b) they are a family member of the person
c) they ordinarily share a household (flatmates included)
d) they have a close personal relationship with the other person.

Question 29

Family Violence defined by sect 9

Answer 29

Violence inflicted against that person AND by any other person with whom that person is, or has been in a family relationship with.

Violence is defined as: Physical, sexual or psychological abuse

Question 30

Definition of ‘Family member’?

Answer 30

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

b. Any other person who is a member of the person’s whanau or other culturally recognised family group.

Question 31

Definition of ‘partner’?

Answer 31

Partner, in the phrase “spouse or partner” and in related contexts, means, in relation to a person, –

(a) the person’s civil union partner; or
(b) the person’s de facto partner; or
(c) any other person, in any case where those persons are the biological parents of the same person.

Question 32

In Police v Elliot the applicant withdrew her consent for the respondant to remain on the property and Police arrested him for the breach. What case law was set?

Answer 32

Police must allow a reasonable amount of time for the Respondent to leave. This includes gathering some possessions and organising somewhere else to go.

Question 33

In Police v Senior the applicant read abuse about her on her niece’s facebook page from the Respondant. What case law was set?

Answer 33

They may breach the order if the abuse may be circulated more widely and reported to
the protected person. That person does not have to be a Face-book friend for a breach to occur.
There doesn’t need to be direct evidence the abuser intended the protected person to see or hear the abuse.

Question 34

A person is not regarded as being in a family relationship if they live together and are….

Answer 34

a) a landlord / tenant relationship
b) an employer-employee relationship
c) employee - employee relationship

Question 35

In what instance must Police serve the Protection Order on a respondent ?

Answer 35

Only when granted without notice or
Where the overall circumstances indicate a significant risk of harm - such as respondent has F/A licence and F/A’s to be seized.
All other times court must serve.

Question 36

Can a child make an application for a PO?

Answer 36

Yes but has to be done so by a representative acting on behalf of the child.
If aged 16yo or older child can take proceedings without a rep. or
if authorised under the rules of the court to do so without a representative.

Question 37

Serving PO’s - service principles:

Answer 37

Information gathering

Safety

Accountability

Working collaboratively

Question 38

How long can a District court detain someone for issuing and service of a Temp protection order?

Answer 38

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

Question 39

Standard conditions of a Protection order regarding weapons

Answer 39

Answer:

– They must not possess or have under their control any weapon (which includes a firearm), and

– Hold of firearms license, and

– Surrender to a constable immediately any weapon and firearms license under their possession or control

The time for surrender under subsection (1)(c) is—
(a) as soon as practicable after the service on the respondent of a copy of the protection order, but in any case no later than 24 hours after that service; or
(b) on demand made, at any time, by any constable.

Question 40

What are the standard conditions of a Protection Order that a respondent must not do?

Answer 40

Physically threaten or abuse the protected person
Make any contact with the protected person by any means.
Damage or threaten to damage the protected persons property
Threaten to sexually assault the protected person

Question 41

Police Bail considerations for family violence offences consist of what?

Answer 41

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 to ensure the victim’s safety.

Any condition may be imposed on bail that the Police consider necessary to protect the victim and their family members.

Question 42

What are the elements of the offence for Breach of Protection Order?

What is a possible defence for the Defendant for breaching?

Answer 42

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 43

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

Answer 43

The District Court can also issue a final protection order when sentencing an offender convicted of an offence involving family violence if it is satisfied that the order is necessary for the victim’s protection and the victim does not object to the order.

Question 44

When should you arrest in a family violence offence?

Answer 44

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