4. Family Harm

Question 1

Family Harm

The Domestic Violence Act 1995 has been replaced by what act? (1)

Answer 1

The Family Violence Act 2018.

Question 2

Principles that guide Police practice

What are the 6 principles that guide Police practice?

ei, cul app, s, cri, acc, wkg coll

Answer 2

1. Early Intervention - helps to stop and prevent FH
2. Culturally appropriate - responses to FH should be culturally appropriate, and in particular, responses involving Maori should reflect tikanga.
3. Safety - ensuring all parties are safe and kept safe.
4. Collecting risk information - this enables effective assessment, planning and risk management to victims.
5. Accountability - holding predominant aggressors/ offenders accountable.
6. Working collaboratively - with relevant internal workgroups/ partner agencies to provide a coordinated response to FH.

Question 3

Characteristics of FH

Family Violence is a subset (or part of) of Family Harm, FV includes what other types of violence/ abuse? (2)

p, s, p - s, ong

Answer 3

• Physical, sexual or psychological abuse within domestic relationships.
• It can be a single incident or a number of ongoing episodes.

Question 4

Characteristics of FH

The majority of FH investigations are between intimate partners, with the male generally being the predominant aggressor and the female being the primary victim.

• When are females generally more likely to use violence? (1)

Answer 4

• In self-defence.

Question 5

Characteristics of FH

An act of violence is often an escalation of an ongoing pattern of coercion and control.

• What are some of the common tactics of abuse (coercion and control) experienced by battered women?
• intim, iso, emo eco, chdn p*

Answer 5

• Intimidation,
• isolation,
• emotional and economic abuse, and
• using children and pets to manipulate.

Question 6

Characteristics of FH

As well as feeling trapped by an abusive partner’s coercive and controlling behaviour, what else do victims of FH suffer from? (2)

lw se iso, un a l

Answer 6

• Low self-esteem and isolation.
• They are unable to act or leave the violent relationship for many reasons, including fear of further violence.

Question 7

Characteristics of FH

What are the most common FV Investigations that police record?

How often are children present at family violence occurences?

ipv - h

Answer 7

Most common;

• Intimate Partner Violence (perpetrator mostly male)

Children;

• Children are typically present at half of all FV occurences

Question 8

Characteristics of FH

Children are generally present for half of all FH episodes, as witnesses (seeing and/or hearing) of FH, or as victims of abuse and neglect.

What are some of the impacts that this has on children? (5)

dev ld, off /vic fh, rsk mi su, rsk al dg ab, diff f att

Answer 8

• They develop learning difficulties,
• more chances of becoming an offender or victim of FH,
• increased risk of mental illness and suicide
• increased chance of alcohol and drug abuse, and
• difficulty forming attachments.

Question 9

Characteristics of FH

What is an increasing area of concern in family harm? (1)

Answer 9

• Technology - it provides aggressors a pervasive way to control, coerce, stalk and harass their victims.

Question 10

FH Investigations

What are the ‘key process points’ in a FV investigation? (10)

ir, inv cs ex, inv wvs, cpp ref, con arr, chg, b, pros, lg trm s supp & intv, mon & eval

Answer 10

(Active case managament at all stages)

1. Initial response
2. Investigation and crime scene exam
3. Interviewing witnesses, vitims and suspects
4. Child protection protocol referral, Pol 350 in on- duty
5. Considering arrest
6. Charging
7. Bail
8. Prosecution or case disposition
9. Long term safety support and intervention
10. Monitoring and evaluation

Question 11

Police employees and FH

Family harm is unacceptable conduct and will not be tolerated or condoned by Police.

Employees who inflict FH will be subject to the same processes as a member of the public, and what else? (1)

Answer 11

• Code of conduct

Question 12

Police employees and FH

When attending FH episodes involving employees, Police must balance it’s responsibilities as an employer to to do what? (2)

supp emp/fam, ac consi & app

Answer 12

• support the employee and their family, and
• act consistently and appropriately, with the public interest and reputation of Police in mind.

Question 13

Police employees and FH

There is added complexity for employees involved in FH incidents due to the fact that they work for Police - what two simultaneous actions should occur when attending such an incident?

nor pol resp, ref wel

Answer 13

• The normal police response applies
• The Shift Supervisor should refer the matter to the local Welfare Officer.

Question 14

Police employees and FH

For FH episodes involving employees, if any criminal offending occurs, or if an employee is convicted or found guilty of a FV offence and/or become a respondent of a Protection Order, what then does the Police (as an employer) need to consider? (1)

ab/ su emp…

Answer 14

• The ability or suitability of the employee to remain a police employee or continue in a policing role.

Question 15

Police employees and FH

When do the policies / procedures re FH involving police employees apply? (4)

spvrs att, pso iss, offe discl fh inci, tem/ fin po issu

Answer 15

• When it comes to a supervisor’s attention that an employee is involved in FH (as either an offender of victim).
• Police attend a FH episode and a PSO is issued to the employee.
• Police attend a FH episode and offending is disclosed with the employee as the offender.
• Police become aware that a temporary or final Protection Order has been issued relating to an employee (as either a respondent or a protected person).

Question 16

Police employees and FH

Employees who commit a FV offence must be treated like anyone else. If the employee is arrested or charged who must be notified immediately? (2)

Answer 16

• The Supervisor must advise the DPPC Manager, who will then advise the D/C, also
• Code of Conduct procedures apply.

Question 17

Police employees and FH

What is the responsibility of the officer who serves a Protection Order on an employee? (1)

Answer 17

The officer is required to send a copy of it to the D/C or National Manager (or the Deputy Chief Executive: People if the respondent is at superintendent level or above).

Question 18

Police employees and FH

Can a protection order be served on a Police employee without any criminal history or prior offending? (1)

Answer 18

Yes - with or without a prior criminal history a protection order must be treated as a serious matter

Question 19

Police employees and FH

When a police employee becomes a respondent of a Protection Order, what are they required to do? (2)

immed rprt mttr wrtng sprvsr, who advse dppc & hr

Answer 19

• immediately report the fact in writing, including details of the proceedings to their Supervisor, who must then
• Inform HR manager & the DPPC manager.

Question 20

Police employees and FH

What is the responsibility of the employee who is served a Protection Order (as a respondent)? (3)

imme rpt spvr, hr & dppc, don’t - agg fac

Answer 20

• They must immediately report it in writing to their Supervisor,
• who will then advise the HR Manager and the DPPC Manager.
• NOTE: if the employee does not advise of the fact, it may be seen as an aggravating factor re the nature of their conduct.

Question 21

Police employees and FH

When an employee is the respondent of a Protection Order, what does it mean for them in terms their appointments and firearms etc? (2)

Answer 21

• It means the employee cannot carry their appointments i.e. Spray, Baton, Taser, or carry a firearm.
• This also includes the handling of firearms for exhibiting.

Question 22

Police employees and FH

Sect 108 FV Act 2018 allows police to consider varying the standard conditions of a PO, this includes assisting where an employee is seeking to vary the condition relating to weapons and appointments. What must the Police do as part of their considerations and who is the final approval given by? (4)

con enqs, vws pp, appr dce, vic sfty para

Answer 22

• Police must conduct their own enquiries to see whether or not such a variation is appropriate
• this includes obtaining the views of the ‘protected person’
• Final approval is made by DCE People in consultation with the National Manager - Investigations.
• NOTE: The victim’s safety is paramount and their views must be taken into account when comsidering any variation.

Question 23

Protection Orders

Protection Orders are a court-ordered mechanism designed to provide safety for victims of FV. Police may be involved in serving PO’s, however in what circumstances MUST they serve these documents? (4)

resp f/l, resp poss/acc fa, sig rsk, grnt w/o no

Answer 23

• Where the respondent holds a firearms licence
• The respondent is believed to be in possession of or have access to firearms (whether or not they have a licence)
• It is assessed that there is a significant risk to the server.
• The PO is granted without notice.

Question 24

Protection Orders

Protection Orders are generally issued by the Family Courts, who else can issue them? (1)

Answer 24

• The District Court can also issue them.

Note: they can only be discharged by the courts.

Question 25

_Protection Orders_ In what circumstances can PO's be issued by the District Court? **(2)** *refu/fls comp pso, jdg conv vic agr*

Answer 25

* If a person has **refused or failed to comply with a PSO**, the D/Court can issue a temp PO without an application being made or without either party (respondent or applicant) being present, * but only if the judge is convinced that the **victim does not object.**

Question 26

_Protection Orders_ Who can be protected on a protection order? **(4)**

Answer 26

* The applicant * Applicant's children (under 17 years) * Applicants children 18 years while **living at home** * Specifically named person, domestic relationship (Children **not** living at home need to be named specifically or on separate order)

Question 27

_Protection Orders_ After determining that a temp PO is to be issued, how long can the Courts detain the person for the purposes of serving the PO? **(2)**

Answer 27

* For a period not exceeding **2 hours**.

Question 28

_Protection Orders_ When can the Distict Court issue a '**final**' protection order? **(2)** *sen offdr dv off, neces vic prot - no obj*

Answer 28

* When **sentencing** an offender convicted of an offence involving domestic violence. * it is **necessary** for the **victim's protection** and the victim does **not object.**

Question 29

_Protection Orders_ Under FV Act 2018, the standard non-violence conditions of; * *engaging in behaviour that amounts to any form of FV against the protected person,* * *make any unauthorised contact with the protected person* * *encourage any other person to engage in behaviour or make unauthorised contact with a protected person* have been extended to now include **3** other conditions, what are they? *il trmt pt, harss beh, disrp cr - ad or h*

Answer 29

* **ill-treatment of a house pet** or other animal that is important to the family. * **harassing behaviour** i.e. hanging around where the protected person(s) lives or works and * **disrupting the care** of someone who needs it because of their **age, disability, or health**. This also includes; * one act or several acts regardless if its minor or trivial * coercion or controlling behaviour * dowry-related abuse

Question 30

_Protection Orders_ It is a condition of every protection order that the respondent must not: * possess, or have any firearms under their control * hold a firearms licence. When must the respondent surrender any firearm (whether it is lawfully in their possession or not) and any firearm's licence? **(2)**

Answer 30

* as soon as practicable **after the PO is served** on them (and within 24 hours of the service), and * on demand made, at any time, by a constable

Question 31

_Protection Orders_ Standard non-contact conditions apply in every Protection Order. The 'protected person' can suspend or reinstate this conditions at any time. When is contact **NOT** a breach of the *'standard non-contact'* conditions? **(5)** *emrgy, prmttd ordr/agrmt ccc cyp, spec cond, fgc, att crt hear*

Answer 31

When the contact is; * reasonably necessary in an **emergency** * permitted under any order or written agreement re **contact, custody or care of a child or young person**. * under any **special condition** of the PO * necessary for the purposes of attending a **FGC** * necessary to attend a **court hearing**

Question 32

_Protection Orders_ If the Protected Person wants to have contact with the Respondent, what must they do? **(1)**

Answer 32

* They must give **written consent**, this can be done by letter, email, text etc.

Question 33

_Protection Orders_ What is the status of the firearms licence when a PO is being made, and then once is becomes final? **(2)**

Answer 33

* On the making of a PO, any firearms licence held by the respondent is also deemed to be **suspended**. * The licence is then deemed to be **revoked** once a PO **becomes final**.