Crimes (Domestic and Personal Violence) Act 2007 Flashcards
(13 cards)
S. 5 CDPVA – Meaning of Domestic Relationship (MISS DORA):
A person has a domestic relationship with another person if they are or have been:
M – Married to the other person
I – Intimate personal relationship to the other person (whether or not sexual in nature)
S – Same household as the other person
S – Same residential facility (at the same time) as the other
person. NOT including gaols
D – De-facto partner to the other person
O – Ongoing dependence or care of the other person
R – Relative of the other person
A – ATSI extended family or kin
S. 8 CDPVA – Stalking:
• Following a person • Watching a person • Frequenting the vicinity or on approach of the person's: o Place of residence o Business or work o Area of social/leisure activity
S. 7 CDPVA – Intimidation:
• Conduct amounting to the harassment or molestation of the person.
• Any approach made by the person by any means that causes the person to fear for his or her safety.
• Any conduct that causes a reasonable apprehension of:
o Injury to any person.
o Violence or damage to any person or property.
S. 13 CDPVA – Stalking or Intimidation:
• The accused
• Stalks or intimidates the victim
• With intent to cause fear of physical or mental harm.
– Includes those in domestic relationships.
– Intention includes conduct not intended but ‘likely’ it could cause fear.
– Prosecution not required to prove actual fear by the victim.
S. 27 CDPVA – Police Obligation to Apply for Provisional AVO (Dead Shit Carer):
(1) PO must apply for a Provisional AVO if there is reasonable suspicion the following is occurring, has occurred, is imminent or likely against the PINOP:
• D – DV offence.
• S – Stalking / Intimidation.
• C – Child abuse offence.
- AND -
• PO believes an order should be made immediately for the safety/protection of the PINOP.
(2) The order can be made by any PO
(3) & (4) No need to apply for AVO if:
• There is already an order in force.
• There is a ‘good reason’ not to apply.
• The person above 16 years of age intends to apply for their own AVO.
(5) Any decision not to apply must be recorded in PO’s notebook.
(6) ‘good reason’ does NOT include when the PINOP is reluctant, particularly if they were:
• A victim of violence or at significant threat of violence.
• Someone with an intellectual disability and have no guardian.
S. 49 CDPVA – Police Obligation to Apply for Non-Urgent AVO:
Same as s. 27 but applies to Non-Urgent AVO’s.
Makes NO mention of making the order immediately for the PINOP’s safety and protection.
S. 48 CDPVA – Making of Application for Non- Urgent AVO:
An application for a Non-Urgent AVO can be made by the following:
• PINOP
• Guardian of the PINOP
• PO
– In the case of a child PINOP, only a PO may make the application.
S. 14 CDPVA – Offence of Contravening an AVO:
A person who knowingly contravenes a condition specified in an AVO is guilty of an offence.
– Excludes when contravention was in compliance of an Ancillary Property Recovery Order.
S. 37 CDPVA – Ancillary Property Recovery Order:
Allows the defendant to remove personal property (whom legal
claim of right exists) from a dwelling co-occupied by the PINOP under the following conditions:
• Access to be at times suitable to the PINOP and the PO.
• Defendant to be accompanied by a PO or another specified person during removal.
• The order must specify the property to be retrieved.
• No force can be used.
S. 89 CDPVA – Detention for Making/Service of Provisional/Interim APVO – “regular AVO”:
PO who is making or about to make an application for a Provisional or Interim APVO may give a direction for the defendant of the AVO to:
• Remain at the scene of the incident.
• If the person has left the scene, to remain at another place where the PO can locate them.
– PO may detain the person if they refuse any of these directions.
89A CDPVA – Detention for Making/Service of Provisional/Interim ADVO – “domestic AVO”:
PO who is making or about to make an application for a Provisional or Interim ADVO may give a direction for the defendant of the AVO to:
• Remain at the scene of the incident.
• If the person has left the scene, to remain at another place where the PO can locate them.
• Go to and remain at a location agreed upon by the person.
• Go to and remain at a police station.
• Accompany a PO to a police station and remain there.
• Accompany a PO to another location agreed to by the person.
• Accompany a PO to another location (whether or not) agreed to by the person for the purposes of medical
treatment.
– PO may detain the person if they refuse any of these directions.
– PO may detain the person in a police vehicle for reasonable amount of time to transport them.
S. 90 CDPVA – Detention for Variation/Service of AVO to a Reasonably Suspected Person:
PO who reasonably suspects a person is the defendant of an AVO may:
• Direct the person to stay at a particular location for purposes of serving an AVO
• Detain the person at the location, or a police station for the purpose of serving of the AVO.
S. 90A CDPVA – Period of Time – Direction to Remain or Detention:
PO may direct the person to remain or detain them for a reasonable amount of time:
• To have the APVO or ADVO created, varied or served on the defendant.
• Not exceeding 2 hours or whichever is lesser (excludes travel time to police station).
