Domestic Violence

Question 1

Domestic Violence Offence (Formula)

Answer 1

Domestic relationship + personal violence offence

Question 2

s. 3 LEPRA: Dangerous Article (Prohibited SAFE)

Answer 2

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

Question 3

S. 3 LEPRA – Dangerous Implement (Dangerous MILK)

Answer 3

D – Dangerous article
M – Made or adapted for the use of causing injury
I – Intended to menace, injure or damage property
L – Laser pointer
K – Knife

Question 4

Power and Control Wheel

Answer 4

Honeymoon phase -> Build-up Phase -> Stand Over Phase -> EXPLOSION -> Remorse Phase -> Pursuit Phase

Question 5

What does DVEC stand for?

Answer 5

Domestic Violence Evidence in Chief

Question 6

What does DVSAT stand for?

Answer 6

Domestic Violence Safety Assessment Tool

Question 7

What is a domestic relationship? MISS DORA

Answer 7

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

Question 8

What is a personal violence offence? (BAD GASO)

Answer 8

B- Breach of apprehended violence order
A- Assaults
D- Damage to property
G-Guns
A- Attempts at these things (s.4)
S- Stalking and Intimidation
O- Other offence

Question 9

Stalking or Intimidation elements:

Answer 9

The accused
Stalked or intimidated the victim
With intent to cause fear of physical or mental harm

Question 10

Entry Powers: Lepra 9

Answer 10

Power to enter in emergencies
prevent harm being done to a person, to prevent property damage, or to stop a disturbance
enter immediately if a person has suffered significant injury, or is in imminent danger of suffering injury

Question 11

Entry Powers: Lepra 10

Answer 11

Power to enter to arrest, detain someone or execute a warrant.

Question 12

Lepra 68: Proper Announcement (MASA)

Answer 12

Police must:
Make presence known/knock
Announce their office
State the reason for entry
Allow adequate time to comply.

Question 13

Entry Powers: Lepra 82

Answer 13

Entry by invitation

Question 14

Entry Powers: Lepra 83

Answer 14

Warrant where entry denied or authority to remain refused

Question 15

What does Lepra 82, Subsection 3 allow police to do?

Answer 15

It allows police to remain on the premises when applying for a warrant under lepra 83. They cannot investigate but they are to keep the peace and preserve evidence. This can only occur if they believe a DVO has occurred.

Question 16

Section 85 Lepra

Answer 16

Section 85 provides police with the authority to search and seize under such circumstances without warrant. Firearms.

Question 17

Section 86 Lepra

Answer 17

Police to apply for warrant to search for firearms.

Question 18

Section 87 Lepra

Answer 18

Search and seize and dangerous article or implement.

Question 19

What is an AVO? Apprehended Violence Order?

Answer 19

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

Question 20

What is a Provisional Avo?

Answer 20

Served by the police. Must be approved by a Sgt or above.

Question 21

What is an Interim Avo?

Answer 21

An order made by the court based on the commission of certain offences, serious offences

Question 22

What is a Non-urgent Avo?

Answer 22

Is not an order but a summons to appear before the court for an application to seek an order.

Question 23

What is a final avo?

Answer 23

Court made order prior to the expiry of a provisional AVO or at the conclusion of a non-urgent AVO application.

Question 24

When are police obliged to apply for a Provisional AVO? (Dead Shit Carer)

Answer 24

(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

Question 25

Mandatory orders included in every AVO?

Answer 25

Must not assault, molest, harass, threaten or otherwise interfere with the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship Must not engage in conduct that intimidates the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship Must not stalk the protected person(s) or a person with whom the protected person(s) has/have a domestic relationship

Question 26

First Response Duties for a sexual assault (DRS SPINE)

Answer 26

Duty officer to be notified Respectful/supportive of the victim Safety of the victim Sexual Assault Service Hospital/SAIK (Sexual assault investigation kit) Privacy of the victim Identify and preserve crime scene Notebook (contemporaneous note/observations only, and if victim identifies a person/place/thing) Eat/drink/wash (advise the victim not to do those things)

Question 27

Circumstances of Aggravation for Sexual Assault

Answer 27

- Inflicts Actual Bodily Harm - Threatens to inflict ABH with an offensive weapon or instrument - Threatens to inflict Grievous Bodily Harm or wounding - Company of another person - under the age of 16 years - victim is under the authority of the alleged offender - victim has a serious physical disability - victim has a cognitive impairment - offender breaks and enters into any dwelling-house or other building - deprives them of their liberty before or after

Question 28

What are the 4 types of Child Abuse (PPSN)

Answer 28

1. Physical Abuse 2. Psychological abuse 3. Sexual Abuse 4. Neglect

Question 29

Criteria to remove a child from the care of a parent. Children and Young Persons (Care and Protection) Act 1998 s.43 (1)

Answer 29

The person must be a child or young person – a child is defined as a person who is under the age of 16 years. A young person is defined as a person who is aged 16 years or above, who is under the age of 18 years The child or young person must be at risk of serious harm An AVO would not protect them.

Question 30

Children and Young Persons (Care and Protection) Act 1998 s.43 (2)

Answer 30

Removal of a child if: the child is living in or habitually frequenting a public place, the police officer may remove the child from any public place.

Question 31

Children and Young Persons (Care and Protection) Act 1998 s.43 (3)

Answer 31

Removal of a child or young person if: is or has recently been on any premises where prostitution or acts of child prostitution take place or where persons are used for the production of child abuse material, or is or has recently been participation in an act of child prostitution in any place or is being or has recently been used for the production of child abuse material in any place.

Question 32

Dynamics of domestic violence (PEESST)

Answer 32

``` P – Physical violence E – Emotional and psychological abuse E – Economic deprivation S – Sexual violence S – Social abuse T – Threats and intimidation ```

Question 33

4 Types of Avo's?

Answer 33

Provisional, interim, non-urgent, final.

Question 34

Intimate Relationship

Answer 34

People who are in an intimate relationship: - Married - Engaged to be married - Divorced - Separated - De-facto partners - Dating - Promised to each other under cultural religious

Question 35

s. 8 CDPVA - Stalking

Answer 35

``` Following a person Watching a person Frequenting the vicinity or on approach of there person's: - place of residence - business or work - area of social/ leisure activity ```

Question 36

s. 7 CDPVA - Intimidation

Answer 36

- 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: - injury to any person - violence or damage to any person or property

Question 37

Avo application details (FIRE HP)

Answer 37

``` Fears of police or PINOP Issues such as; family law, drugs and alcohol, mental health, firearms, weapons Relationship between PINOP and defendant Examples of violence used History of children, violence and abuse Previous AVO's ```

Question 38

Section 61A Crimes Act: Sexual assault elements

Answer 38

• The accused • Had sexual intercourse with another person • Without the consent of the other person • Knew the other person did not consent to the sexual intercourse.