Domestic Violence Flashcards
(44 cards)
Domestic Violence Offence =
Domestic relationship (MISS DORA Has BAD GAS) + personal violence offence
S. 3 LEPRA – Dangerous Article (Prohibited SAFE)
(Prohibited SAFE)
P – Prohibited under the Weapons Prohibition Act
S – Spear gun
A – Device (not a firearm) capable of discharging any irritant or capable of bodily harm
F – Firearm, spare barrel, ammunition
E – Detonator or fuse capable of use with an Explosive or detonator
S. 3 LEPRA – Dangerous Implement (Dangerous MILK)
(Dangerous MILK)
D – Dangerous article
M – Made or adapted for the use of causing injury to another
I – Intended to menace, injure or damage property
L – Laser pointer
K – Knife
The Power and Control Wheel:
A cycle of domestic violence that will continue without intervention or until a person meets their death. Comprises of the following phases:
Dynamics of Domestic Violence (PEESST):
(PEESST)
When one person attempts physical or psychological domination and control over another person in a domestic relationship by one or more of the following:
P – Physical violence E – Emotional and psychological abuse E – Economic deprivation S – Sexual violence S – Social abuse T – Threats and intimidation
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 – Marriage 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
Personal Violence Offences (BADGAS)
The following mnemonic is used to define which offences are
considered ‘DV’ when committed in the confines of a ‘Domestic
Relationship’ (defined under s. 5 CDPVA).
B – Breach of Apprehended Violence Order (AVO)
A – Assaults (all manner) • Murder/manslaughter • Documents containing threats • Wounding and grievous bodily harm • Attempts to choke • Use intoxicating substance • Use poison • Food deprivation • Assault occasioning ABH • Common assault • Sexual assault • Kidnapping • Child abduction
D – Damage to property
• Damage/destroy property
• Threatening to damage property
• Possess explosive with intent to damage property.
G – Guns
• Causing danger with firearm/spear gun
• Firing at a house or dwelling
A – Attempts at anything in this list
S – Stalking and intimidation
• Stalking/Intimidation with intent to cause fear of physical/mental harm
Domestic Violence Safety Assessment Tool (DVSAT):
(DVSAT)
A tool used to categorise the severity of a DV incident so that appropriate action may be taken.
Applies only to intimate victims (male and female) aged 16 years and older.
Intimate Relationship (MEDS DDP):
People who are (or have been) in an intimate partnership.
Includes: • Married • Engaged to be married • Divorced • Separated • De-facto partners • Dating • Promised to each other under cultural or religious tradition – Includes same sex partners – Whether or not they had a sexual relationship is not relevant.
Not Intimate =
Everything else. E.g. Family members, friends etc…
Process for DVSAT:
DVSAT sticker is the first thing in the notebook, prior to details and taking the statement. 1 sticker per victim, take the statement as per normal, ask DVSAT questions, if there is anything else additional then add it to the statement. Have the victim sign the statement. Part A is completed per intimate victim and part B is
completed for each victim including those that aren’t intimate.
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. 9 LEPRA – Entry in Emergencies:
PO may gain entry on reasonable suspicion the following is occurring or likely to occur:
• Breach of the peace
• Person has suffered significant physical injury (or there is imminent danger of this)
– PO may only enter and remain on the property to stop it or prevent it from occurring
S. 10 LEPRA – Entry for Arrest, Arrest Warrant or Detain:
PO may gain entry and stay for a reasonable amount of time on premises to:
• Detain a person under an act
• Arrest a person
– PO may search the premises for the person
S. 68 LEPRA – Proper Announcement (MASA):
PO on entry to a dwelling should: M – Make presence known/knock A – Announce their office S – State the reason for entry A – Allow adequate time to comply
– Generally relates to warrants but is considered best practice.
S. 82 LEPRA – Entry by Invitation:
• PO invited in to a dwelling by any occupier may stay to:
o Investigate a DV offence
o Prevent a DV offence
• So long as the PO believes on reasonable grounds a DV offence is occurring, recently occurred, likely or imminent
• PO may also exercise the following powers for the purposes of preserving evidence relating to the DV offence until such time as a s. 83 warrant is issued:
o Direct a person to leave, or not to enter, the dwelling.
o Remove a person who fails to leave the dwelling.
o Prevent a person from entering the dwelling.
o Prevent a person removing evidence or interfering with the dwelling or anything in it and, for that purpose, detain and search the person.
• If permission to stay is removed, PO may remain on premises to exercise the above preservation powers until such time as a s. 83 warrant is issued
– Invitations are valid from both children and adults residing in
the dwelling.
– PO may rely on other sections in order to remain on
premises for the purposes of dealing with a DV incident (s. 9
& s. 10 LEPRA).
S. 83 LEPRA – Entry by DV Warrant:
• If PO believes on reasonable grounds a DV offence is occurring, recently occurred, likely or imminent
– AND –
• It is necessary to enter the premises to:
o Investigate a DV offence
o Prevent a DV offence
• PO may apply for a warrant if denied entry or refused authority to remain in premises.
• Warrant allows police to enter and remain in the premises.
S. 84 LEPRA – Obstruction or Hindrance of Warrant:
It is an offence to hinder or obstruct PO in the execution of a warrant.
S. 85 LEPRA – Powers Exercised by PO on Entry to Premises (PIRAF):
(PIRAF)
PO who lawfully enters a dwelling under this part may:
P – Prevent a DV offence
I – Investigate a DV offence
R – Render aid to any person injured
A – Arrest a person
F – Firearms (inquire, search and seize) ← MUST BE DONE, not optional
– PO may remain in dwelling only as long as necessary to
perform the above.
S. 86 LEPRA – Search Warrant – Firearms
• If PO has reasonable suspicion a DV offence is occurring, recently occurred, likely or imminent
– AND –
• PO is informed that no firearms exist in the dwelling BUT reasonably suspect otherwise.
• PO must apply for a search warrant.
Search warrant allows PO to:
• Enter and search the dwelling concerned for firearms.
• Seize and detain any firearms found in the dwelling.
S. 87 LEPRA – DV Search and Seizure Powers
“being used in the DV offence”:
PO who enters a dwelling under this act may search, seize and
detain a:
• Dangerous article
• Dangerous implement (other than a laser pointer)
So long as the PO believes on reasonable grounds that the
dangerous article/implement is:
• Located within the dwelling
– AND –
• Currently, was previously or may be used to commit a DV
offence.
Apprehended Violence Order (AVO):
An order from the court (or sergeant in the case of a provisional AVO) that places restrictions on a person (defendant) in order to protect the PINOP
Person In Need Of Protection (PINOP):
The victim in a DV incident. Usually referred to in the application for an AVO, as this person requires protection from the defendant.
