#4 FAMILY HARM - Policy And Procedure

Question 1

When attending family harm episodes police aim to:

Answer 1

1) slow and eventually stop the family harm cycle/cumulative harm across generations

2) restive serious harm such as the use of physical violence, sexual abuse and Childs abuse and neglect

3) reduce family harm related deaths (homicides and 1X)

Question 2

Police will provide an effective response to family harm which involves (7)

Answer 2

1) taking an eyes wide open approach

2) being culturally responsive

3) ensuring all parties kept safe (vics, children, police)

4) taking action with predominant aggressors/offenders through a prompt and comprehensive response

5) collecting specific risk information to enable effective assessment, planning and risk management and to guide decisions around appropriate action with an offender

6) working collaboratively across police

7) working with partners - multi agency response

Question 3

An effective police response to family harm is based in the following principles (6)

Answer 3

1) early intervention

2) Culturally appropriate

3) safety (vics, children, police)

4) collecting risk info

5) accountability

6) working collaboratively

Question 4

What is family violence (a subset of family harm) (3):

Answer 4

1) physical abuse

2) sexual abuse

3) psychological abuse

Can include coercive or controlling behaviours and causes cumulative harm

Question 5

Types of family other than intimate partner and child abuse (4)

Answer 5

1) teen dating / teen harm

2) elderly abuse

3) honour based harm

4) LGBQTI harm

Question 6

10 stages of quality FH investigation

Answer 6

Overarching (active case management)

1) initial response

2) investigation and crime scene exam

3) Interviewing subjects

4) child protection protocol (pol 350)

5) considering arrest

6) charging

7) bail

8) prosecution or case disposition

9) longer term safety, support and intervention

10)monitoring and evaluation

Question 7

FH initial response - a quality FH investigation involves (7)

Answer 7

1) Establishing circumstances
2) completing dynamic assessment
3) completing a frontline safety plan
4) recording a quality narrative
5) submitting and approving a FH investigation
6) providing info to others/agencies
7) appropriate coding

Question 8

When responding to FH episodes involving its employees Police must balance:

Answer 8

responsibilities as an employer to support employees and
their families and to act consistently and appropriately, with the public interest and the reputation of Police in mind

Question 9

Two simultaneous actions should occur when Police are involved in a family harm episode:

Answer 9

• the normal Police response applies
• welfare considerations are important for both parties and the shift
  supervisor should, where appropriate, refer the matter to the local
  Wellness Advisor.

Question 10

Regarding FH criminal offending Police must consider:

Answer 10

• the impact of any criminal offending on the ability of an employee to remain a Police employee
• the compatibility of an employee convicted or found guilty of a family violence offence and/or being the respondent of a protection order, to continue in a policing role.

Question 11

Police employer and family harm procedures apply when:

Answer 11

• comes to supervisors attention. Either person at risk or posing risk. includes anecdotal evidence.
• Police attend a FH - no offending but PSO or warning issued and concerns of escalation
• Police attend FH - Offending and employee is off or vic
• Temp or final PO issues relating to employee. Either Protected person or respondent.

Question 12

If a Police employee is identified (as the person posing risk or person at risk) attending officers must also report this:

Answer 12

confidentially to their supervisor who will contact a Wellness Advisor to arrange for appropriate Police contact as soon as possible and oversight of referral to appropriate support groups.

Question 13

an employee’s arrest or charging for family violence offending
must be reported:

Answer 13

Immediately

By shift supervisor

to District Employee Practice Manager and Police Professional Conduct manager.

Welfare contact and counselling through EAP must be offered to vics and if appropriate offs (confidential names and numbers used)

EPM and director of integrity and conduct must consider suitability to continue work

Question 14

Officers who serve a protection order on a Police employee are required to:

Answer 14

Send a copy to district commander or direct.

Question 15

Employees who are served a PO must:

Answer 15

Immediately report in writing details of proceedings to supervisor

Supervisor must inform HR manager and Distirct PPCM

Non reporting by respondent may be viewed as aggravating factor

Question 16

Employees respondents of PO - Weapons F/A’s

Answer 16

Cannot carry weapons firearms.

Applies to authorised officers, training, exhibits also.

Question 17

Employees respondents of PO - application to vary conditions

Answer 17

Police may assist employee with application to vary conditions under 108 FV act.

Police must conduct enquiries to determine if variations are appropriate .

Final decision ED: People capability in consultation with Director CI group.

Question 18

Before Police support an employee application to vary conditions police enquiries must consider (6):

Answer 18

• Nature
• Duration
• Type of FH
• Offence history
• Employees role
• views of protected person

Question 19

Employees respondents of PO - leave to attend programmes / counselling

Answer 19

Supervisors should take all practicable steps to facilitate.

Question 20

Police must serve protection orders if (4):

Answer 20

• the respondent holds a firearms licence, or
• the respondent is believed to be in possession of or have access to a firearm (whether or not they have a licence), or
• service is assessed as being a significant risk to the server, or
• the protection order is granted without notice.

Question 21

When serving a PO Police will ensure that (5):

Answer 21

• Info sharing, risk assessing, safe service practices will be implemented in conjunction with court.
• At time of service Police will demand surrender of all FA;s and FLICNO.
• Staff safety is paramount when considering methods to seize FAs/FLICNOs
• Vic will be contacted and advised of service
• All breached will be taken seriously and if sufficient evidence in most cases off should be arrested/proseucted

Question 22

Who is afforded protection under a PO

Answer 22

Applicant and child of applicant

Question 23

Can children be the respondents of PO?

Answer 23

PO’s can be issued against children 16 years and older and the order is justified by special circumstances

Question 24

Additional and varied conditions of PO

Answer 24

2019 additional conditions added to all POS (retrospecitve)

Non-violence orders (DPA 1982) and and PO’s (DVA 1995) remain in force and are treated as PO’s

Staff must be cognisant of these changes ,

Question 24

Who can issue a PO?

Answer 24

Family Court District court (same effect as family court, eg Breach PSO - DCJ can issue temp PO without parties being present if convinced vic does not object. DC can issue final PO on sentencing of FH offences if vic does not object

Question 25

Non-violence. It is a condition of every PO that respondent must not (3):

Answer 25

1) Engage in behaviour that amounts to any form of FV 2) Make contact with PP that is not authorised 3) Encourage any person to engage in behaviour, where if engaged in or made by the respondent would be prohibited under the order.

Question 26

The definition of FV was widened in July 2019 to include (6):

Answer 26

- Ill treating a house pet or other animal - Harassing behaviour such as loitering where someone lives or works - Disrupting the care of someone who needs it because of age, disability or health condition. Also includes: - one or several acts that form a behaviour - even trivial - Coercion or controlling behaviour - Dowry related abuse

Question 27

Non-Contact conditions, Contact is not a breach when (5):

Answer 27

- Reasonably necessary in emergency - Permitted under order or written agreement for care/custody of C/YP. - Permitted under special condition of PO - Necessary for FGC - Court proceeding or judicial process that requires joint attendance

Question 28

If protected person wants contact with Respondent they must:

Answer 28

Give consent in writing (email, letter, text or other digital message) PP can change mind and withdraw consent at any time (doesn't need to be in writing)

Question 29

Conditions relating to weapons: Conditions of every PO that respondent must not (2)

Answer 29

- Possess any weapon - Hold FLICNO Wepson includes F/A, airgun, pistol, RW, ammo, explosive)

Question 30

The Respondent must surrender any weapon:

Answer 30

- In their possession or under their control - And any FLICNO - As soon as practicable after PO served and within 24 hours or servce - On demand made at any time by a constable

Question 31

FLICNO status relating to PO's

Answer 31

On the making of PO any FLICNO deemed suspended. When PO becomes final FLICNO deemed revoked Police must retain weapons when PO issues and return after suspension ceases unless lawfully retained. Police must never issue FLICNO where there is PO against applicant

Question 32

Can Children be issued PSO's?

Answer 32

PSO can be issued to 16 and 17 year olds as part of Frontline safety plan if justified in special circumstances.

Question 33

Special circumstances for issuing PSO to child (4):

Answer 33

1) RGTB issue of order is necessary to help make person at risk safe from serious FV. AND 2) "The Total level of concern" in On Duty is High, AND 3) Approval from S/Sgt or above AND, 4) Authorising S/Sgt has consulted with OT re: placement/status

Question 34

Issue and duration of PSO. When deciding whether to issue a PSO Police must take into account (4)

Answer 34

1) Whether is is likely that the person at risk has, is or will inflict violence against person at risk or any other person they have a family relationship with. 2) Welfare of any children residing with Person at risk 3) The hardship that may be caused if the order is issued. 4) any other matter that may be considered relevant

Question 35

When issuing a PSO on a child Police will also consider (10)

Answer 35

1) advice from OT 2) placement that causes haem 3) Previous interactions with Police 4) History of mental health/intellectual disability 5) Presence or history of Alcohol or drug abuse 6) Immediacy of the order 7) Existing orders that may require a person to reside at an address 8) Unintended consequences or risks to person at risk if PSO not issued 9) Risk and safety planning 10) Any other relevant matter

Question 36

Limits on issuing PSO on child:

Answer 36

Last resort Means to "cool down" Needs of children different to adults when issuing PSO Duration should be least restrictive amount of time possible.

Question 37

When issuing a PSO to a child what approach should be considered?

Answer 37

A holistic approach . Need to consider the individual circumstances and context of each child, Take into account their views and the family/whanau

Question 38

Explainain od PSO to children

Answer 38

Police need to explain purpose, duration and requirements. Need to ensure Child understands the consequences. They may need additional support to ensure they understand

Question 39

Detention of child for service of PSO

Answer 39

Detain for up to 2 hours. Does not trigger power of arrest (214 not a requirement) You may detain child (including moving to Police station) to: - Obtain authorisation to issue - Issue - Serve

Question 40

If child fails to remain for order

Answer 40

Criminal offence if fails to remain (absconds) You can arrest child Matters relation to absconding from place of detention are referred to Youth Court (214 applies)

Question 41

If child breaches PSO

Answer 41

Not criminal offence PSO remains in existence for original duration Proceeded with through courts Child can be taken into custody up to 24 hours(not K9 so 214 does not apply - good practice to consider). Bought before DC or summonsed if unable to appear within 24 hours. There is discretion to take child into custody. "May"