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SSGT S/SGT CPK to Nov 2021 > Family Harm > Flashcards

Family Harm Flashcards

1
Q

What are the 6 core principles that guide Police practice in Family Harm

A
  • Early intervention (eyes wide open at all FH investigations)
  • Culturally appropriate
  • Safety (all parties, children and officers)
  • Collection of risk information (to enable planning, assessment, risk management and guide decisions)
  • Accountability (thorough investigation to hold aggressor to account)
  • Working collaboratively (with FH specialists in police, multi agencies, police to provide quality info to agencies and active case management)
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2
Q

What does the Duluth power and control wheel highlight

A

tactics of abuse most universally experienced by battered women include intimation, isolation, emotional and economic abuse using children to manipulate.

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3
Q

What is an example of this intimidation (Duluth)

A

overt threats and actual harm to animals to control their family (36.5% of partner violence victims report pet injured or killed)

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4
Q

What are some impacts on children exposed to FH

A

Difficulty learning, becoming offender or victim, increased chance of mental illness, suicide, increased chance of alcohol and drug abuse and difficulty forming attachment.

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5
Q

What are the primary considerations for deciding on bail for a family violence incident (3)

A
  • Safety of the victim and family members
  • linking victim to support and services
  • need for defendant to have cooling off period
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6
Q

What restrictions are there on bail regarding person arrested under s113 and charged under s112 FVA2018

A

Not to be granted Police Bail in 24 hrs following arrest unless court hearing earlier. (must be brought before court ASAP)

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7
Q

What does the court follow in determining whether to grant bail in family violence cases

A

protecting victim and all protected persons in the paramount consideration

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8
Q

Who’s permission must be obtained prior to granting Police bail for a family violence offender

A

Supervisor Sgt and above

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9
Q

What should a prosecutor consider in opposing court bail in family violence cases

A

need to ensure victim and families safety and any safety plans in place

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10
Q

What should be considered when the perpetrator of a family harm incident is on EM bail to that address

A

Consider opposing EM bail to that address

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11
Q

Police Employees who perpetrate family violence will be subject to the processes of what?

A

The code of conduct

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12
Q

With police employees family violence what simultaneous actions should occur?

A

-Where offending, normal response -Staff welfare considerations (both parties)

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13
Q

What should Police consider regarding an officer involved in FH incident

A

-impact of criminal offending and ability to remain Police employee -compatibility of employee if convicted of FV or respondent in PO to continue in Policing role

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14
Q

When do these policies and procedures pertaining to Police employees and famly harm apply?

A
  • Comes to supervisors attention maybe FV (victim/offender)
  • Police attend, no offence, PS0 issued
  • Police attend, FV disclosed (victim/offender)
  • Police aware Temporary or final protection order issued
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15
Q

What must occur when employee is charged or convicted of FV offending? (3)

A
  • reported by shift supervisor to District Employee Practice manager and PPCM (who advise DC/NM))
  • welfare through EAP to be offered to victim and, if appropriate to offender.
  • employees suitability to continue working in current role determined by Employee Practice Manager and NMPPC
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16
Q

What must a police officer do if they are the respondent of a PO order?

What must serving officer do?

A
  • Respondent must report fact in writing to their supervisor (who in turn advises HRM and PPCM)
  • serving officer send copy of PO to DC/NM
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17
Q

What should occur with a applicant or protected person who is an employee?

A

encouraged to report confidentially to Welfare and/or supervisor so appropriate advice can come from EAP

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18
Q

Can constables subject to a PO carry firearms & appointments?

A

No, this breaches the order.

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19
Q

What should occur before supporting application to vary standard condition regarding weapons in PO. ie to handle firearms exhibits etc? (3)

A

Make enquiries to consider:

  • nature, duration, type of FH disclosed
  • employees role
  • views of person protected
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20
Q

Who makes final decision on Police support of varying Police Employee standard condition

A

DCE People in consultation with NM: Criminal Investigations on receipt of report from district

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21
Q

What is a police safety order?

A

An immediate order issued by a qualified constable under s.124D domestic violence act.

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22
Q

Does a PSO order require the victims consent?

A

No it does not

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23
Q

What is a qualified constable for the purposes of a PSO?

A

Substantive Sergeant/formally appointed/autherised under s63 PA or above Note: An Acting Sergeant is not qualified

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24
Q

What three immediate effects do a police safety order do?

A

Person to:

  • surrender any weapon/firearms licence
  • Vacate land/building occupied by person at risk.
  • provide cooling off period (to allow person at risk to seek support, including apply for temporary protection order)
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25
Q

What other longer term effects do PSO’s have on the bound person? (3)

A

Bound person must not:

  • engage in behaviour amounting family violence to person at risk (PAR)
  • make unauthorised contact with PAR
  • encourages others to do anything that would be prohibited by the order if done by bound person.
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26
Q

What type of contact would be authorised and not in breach of a PSO? (4)

A
  1. necessary in an emergency
  2. permitted as special condition of protection order
  3. in order to attend FGC
  4. to attend proceeding in court that would be jointly attended.
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27
Q

What effect does a PSO have on a Parenting Order?

A

Parenting Order is suspended

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28
Q

When can PSO be issued?

A
  • In a family relationship
  • Reasonable grounds to believe necessary to make person safe from FV.
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29
Q

If person is ARRESTED for FV then released for insufficient evidence, can a PSO order then be issued?

A

YES, PSO can subsequently be issued

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30
Q

Can a PSO be issued if person posing risk is CHARGED for family violence offence

A

No, Bail conditions will set out same conditions as PSO

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31
Q

What constitutes a Family Relationship

A

partner

family member

usually shares household

close personal relationship

32
Q

What four factors to consider when deciding to issue a PSO?

A

violence occurred/likely to occur

welfare of children

hardship cause by PSO

other matters

33
Q

When considering hardship caused by PSO what should be considered? (5)

A

Family car

Family finances

Finance

alternative accommodation

child with disability requiring intensive care

34
Q

What should occur if a parenting order is in place

A

inform FV coordinator/FH specialist. Be aware of dangers to the children that may not immediately be apparent

35
Q

When does a PSO order start and how long can they exist for?

A

start immediately after they are served cannot exceed 10 days

36
Q

How do you determine the duration of an order? what is a good starting point?

A
  • consider impact (ie hardship, welfare of children, likelihood of inflicting violence etc)
  • starting point of 24hrs
  • then consider weekends, public holidays
  • ability of person at risk to attend court if considering protection order
  • how long it will take to access appropriate support
37
Q

When would a PSO issued for over 5 days be relevant? (3)

A
  • where there is likelihood of serious harm occurring
  • where protection/property orders being sought
  • victim relocation being sought
38
Q

What are the three required steps before issuing a PSO?

A
  1. All enquiries to identify possible offences. If no offences consider PSO
  2. Seek authority to issue from qualified constable (if not available can use comms centre, DCC, or custody Sgts)
  3. Document authorisation to issue (note time) including Sgt to enter conditions surrounding the PSO in ONDUTY/notebook (important should it later be challenged
39
Q

What powers do you have once you decide to issue a PSO to someone? (3)

A
  1. detain up to 2 hours (after deemed necessary and authorisation obtained)
  2. remove from premises to stn, car etc
  3. Power to arrest if refuses to remain
40
Q

What happens if unable to serve PSO during time of detention? (2)

A

Must release the person have 48 hours to issue & serve PSO NOTE: 48 hour period begins when qualified const authorise PSO

41
Q

What should be done with person at risk once PSO issued? (3)

A

implement front line safety plan or other measure:

  • specialist support contacted
  • advocacy arranged
  • advise FV support agency ideally while still at scene as part of front line safety plan
42
Q

Procedures once PSO served (7)

A
  1. Explain to bound person nature, duration and effect.
  2. Risk needs assessment
  3. Capture PSO on ONDUTY (or CRL if PSO not available)
  4. Upon serving ensure bound person: a. surrenders all firearms, weapons and firearms licence b. vacates land or building occupied by person at risk (irrelevant if bound person has financial interest)
  5. Take contact details of bound person so can discuss prevention options later
  6. Contact appropriate agency for support of person at risk
  7. Before end of shift complete family harm investigation into ONDUTY
43
Q

What must be done regarding firearms and weapons when PSO served (4)

A
  1. demand surrender of FA
  2. Demand surrender of FA licence (consider revoking licence per S27 AA)
  3. If suspect has FA’s then consider S18 S& S search
  4. Police must provide suitable storage for all weapons for period of FA licence suspension
44
Q

How do we prevent breaches of PSO

A
  • contact person at risk, 24-48 hrs after PSO served to check: no breaches have occurred, they understand what constitutes a breach
  • visit bound person (especially if high risk) to allow engagement and offer support services to address FH. To ensure they understand the PSO and what constitutes a breach (especially if intoxicated at time it was served)
45
Q

Is breaching a PSO an Offence.

A

No. But a power of arrest occurs if believe on reasonable grounds has refused or failed to comply with the order. May use reasonable force to arrest

46
Q

What are your powers and process for some you find breaching a PSO? (4)

A
  1. Arrest (reasonable force)
  2. To court within 24 hours
  3. Complaint to court requesting order under S45
  4. If No court in 24hrs then release on summons. Can be arrested for failing to appear on summons
47
Q

What is the process open to you if a person breaches a PSO and absconds? (5)

A
  • Must capture breach on ONDUTY or advise CRL
  • 1 month to locate person (from time breach occurred)
  • 24 hours to get to court once located
  • File a complaint and order sought per s45
  • apply for WTA
48
Q

What is process of obtaining a WTA for breaching the PSO and it’s effects, requirments and duration (6)

A
  • apply to court
  • record as alert in NIA
  • WTA provides power of entry/reasonable force for reasonable belief bound person at at specific address Must then:
  • bring person to court ASAP (civil rules of evidence apply)
  • make complaint to court (POL2142)
  • WTA must be withdrawn at court if not located in a month
49
Q

What must happen to a WTA that has been issued for a breach of PSO after one month?

A

Must be brought before court and withdrawn.

50
Q

How long, after a WTA has been issued, should you look for Bound person

A

1 month after expiry of PSO

51
Q

When does the WTA alert expire in NIA. What does this mean for the court issued WTA

A

10 days, but remains active in the court. Needs to be withdrawn

52
Q

Are charging documents filed in court for breaching a PSO?

A

No as it is not and offence.

Must be filed using POL2142 in NIA

Sworn at court by Constable named on complaint

Can’t be filed electronically like charging documents

53
Q

What can court do if finds person has breached PSO? (4)

A
  • Continue with existing order
  • if PSO hasn’t expired, direct that another PSO be issued for period not exceeding 10 days
  • if PSO expired, direct another is issued
  • Adjourn so DC Judge can consider if temporary PO should be issued
54
Q

If new PSO is directed by Court. How will Prosecutor ensure this is undertaken? (3) What must be remembered?

A
  • issued by officer of the court
  • issued by constable in vicinity of court
  • issued by prosecutor (if a constable)

Remember 2 hour holding period to issue the PSO

55
Q

What must the prosecutor,officer of court,constable advise the person at risk after a breach of PSO?

A

-court decision and subsequent action

56
Q

What if person at risk is not at court (3)

A

ensure you contact by:

  • three phone attempts in an hour
  • local unit to 4Q
  • update NIA to reflect action taken
57
Q

is the onus on CRL or District to ensure this is done

A

the District

58
Q

What is the only offence relating to PSO?

A

Failing to remain while safety order issued. 2 hour limit of detention. $500 fine

59
Q

Can a PSO be issued on child?

What are the special circumstances and considerations (3)

A

Only 16 & 17 years and in special circumstances.

  1. Reasonable Grounds necessary to make family member, or someone in close family relationship safe from family violence. AND
  2. Must have HIGH ‘total level of concern’ in ONDUTY
  3. Approved by Senior Sgt or above. AND Snr Sgt has consulted with OT regarding placement
60
Q

What other matters need to be addressed concerning the 5F file with a child 16 & 17yrs (6)

A
  1. Quality 5F file on ONDUTY
  2. Joint guidance Police/OT
  3. Record decision making & consultation with OT
  4. Record justification for duration
  5. ensure all parties fully informed and understand implications of PSO
  6. Update NIA
61
Q

How should we treat 16 & 17yr olds differently when considering a PSO?

What duration should be considered

A

take holistic approach consider developmental potential, health needs, whakapapa, language, cultural identity and values

The least restrictive time possible

62
Q

You have the same 2 hr period to issue the PSO. While in detention are protections under s214 OTA applicable?

A

No, as the 2 hr detention is not an arrest w/out warrant. however s 23 BOR applies

63
Q

What three things must be undertaken in the 2 hours

A
  1. authorisation to issue the order
  2. issue the order
  3. serve the order
64
Q

If child fails to remain the 2 hrs what applies?

A
  • its a criminal offence so s214 OTA applies
  • subject to $500 fine
  • will be dealt with in Youth Court
65
Q

What occurs if child (16 & 17 yrs) breaches PSO?

A
  • MAY take into custody (max 24 hrs to be taken to court)
  • deal with by complaint to DC
  • must be summonsed if can’t get to court in 24 hrs.
  • as no offence s214 wont apply. But best to consider these provisions (ie issuing a summons may achieve the purpose)
66
Q

When must Police be involved in serving a Protection Order (PO) (4)

A
  1. Respondent holds FA licence
  2. Respondent believe to be in possession of FA’s
  3. Assessed as being significant risk to server.
  4. Granted without notice
67
Q

What will Police ensure regarding PO’s (5)

A
  • information sharing, risk assessment and safe service practices for PO’s
  • demand surrender of FA’s and FA licences
  • staff safety paramount
  • serving officer will advise protected person once served
  • all breaches taken seriously. Most cases offender arrested and prosecuted.
68
Q

On making a PO what is deemed to have occurred to a respondents FA licence? What happens when the PO is final?

A

has been suspended when made and revoked when final.

69
Q

What is the condition of every PO regarding weapons

A

respondent must not:

  1. possess any weapon (firearm, airgun, restricted weapon etc)
  2. hold a firearms licence
70
Q

What must the respondent do in these circumstances (has weapons/FA Licence)?

A

Surrender weapons under control and any FA licence held: ASAP and less than 24 hours and on demand at any time by constable

71
Q

What must be done if you are aware of a respondent of an old non molestation or non violence order having a FA licence

A

Contact inspector to consider revocation of FA licence (27 AA) non molestation or non violence are to be treated as if they were PO’s under the new act

72
Q

What should occur if we become aware a respondent is trying to coerce the protected person to seek discharge of a protection order

A

oppose application if history of parties indicates PO should stay in place.

73
Q

What should be considered if there is belief respondent is in possession of or have access to firearms.

A

S18 S&S act. Report must be sent to commissioner in 3 days

74
Q

What should police do with FA’s when PO is made (suspension of FA licence) and when PO is final (revoked)

A

While suspended provide suitable safe storage When revoked dispose of firearms per S28 AA

75
Q

What must the officer serving the PO do once served (6)

A
  • give notice to O/C closest station to where served
  • inform Victim
  • document Victim contact in NIA
  • Forward notice of service to FC.
  • maintain national recording standards
  • PO to be deleted from Police file record to comply with Privacy act as it is owned by the court.
76
Q

What must occur where respondent of PO is a Police officer?

A

send copy of PO or variation to DC/NM

77
Q

Who autherises the issue of a PSO on 16 & 17 year old

A

Senior Sgt or above after consultation with OT

SSGT S/SGT CPK to Nov 2021 (18 decks)

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