Family Harm

Question 1

What are the six principles that guide that Police practice? SCARE W

Answer 1

S - Safety of all involved
C - Culturally appropriate
A - holding aggressors to account
R - Risk collecting information
E - eyes wide open - early intervention
W - working collaboratively with Police and other agencies

Question 2

What are some of the vulnerabilities in relation to family harm risk factors? Weaknesses that could be exploited.

Answer 2

LAPE H

Lack of;
Life skills
Adequate social networks
Parenting skills
Education

Health issues

Question 3

What are some compounding factors in relation to family harm risk factors? Things that would make difficult situations worse.

Answer 3

NUDI

Negative cultural attitudes
Unemployment
Deprivation / poverty
Inadequate housing

Question 4

What are some negative behaviours in relation to family harm risk factors?

Answer 4

FACS

Family violence
Alcohol / drug abuse
Child abuse and neglect
Sexual Violence

Question 5

What information can you collect from a victim to help corroborate a family violence incident?

Answer 5

Medical examinations
Photographs of injuries
Scene examination
Clothing
Witness statements
111 call
Previous history
Social records
Suspect admissions

Question 6

In relation to a breach of a protection order, and there is evidential sufficiency to prove a charge what must you do?

Answer 6

Charge the offender with the breach
Not release the offender on Police bail for 24 hours, unless there is a court hearing earlier than this where court bail can be determined.

The offender is not bailable as of right pursuant to S7(2) of the Bail Act 2000

Question 7

What does S7 of the Bail Act 2000 state?

Answer 7

If a person has been arrested and charged with a charge under the Family Violence Act 2018 they are not bailable for Police bail during the 24 hours following arrest, unless there is a court hearing earlier than this where court bail can be determined.Wh

Question 8

When considering bail in relation to family violence arrests, what should the main concern be? S8

Answer 8

The need to protect the victim of the alleged offence and their family members is the paramount consideration for the court.

Question 9

Who can provide permission to authorise Police bail for a family violence offender?

Answer 9

A sergeant or above

Question 10

Under what section of the Bail Act 2000 would you oppose a family violence defendants bail?

Answer 10

Section 8

Question 11

What is a Police Safety Order?

Answer 11

An immediate order issued by Constable, approved by a SGT or above, when there is a lack of evidence to support a charge. The order requires the bound person to surrender any weapon in their control and to vacate any place occupied by respondent.

Question 12

How long can a PSO be issued for?

Answer 12

Up to 10 days

Question 13

What are some benefits of a PSO?

Answer 13

Allows the person at risk to seek support and assistances, apply for temporary orders and for the bound person to seek support and assistance.

Question 14

In what relationship categories can a PSO be issued?

Answer 14

Intimate partner relationships or
Family members

Question 15

Who can authorise the issuing of a PSO?

Answer 15

A substantive SGT or above or formally appointed under S63 Police Act 2008.

Question 16

What are some exemptions that a bound person could contact a person at risk?

Answer 16

Contact that is reasonably necessary in an emergency
Permitted under any special condition
FCG
Necessary to attend a proceeding before court (eg restorative justice)

Question 17

How does a PSO effect a parenting order?

Answer 17

The PSO suspends the parenting order. Any day to day contact or care has no effect and the provisions of the PSO apply.

Question 18

What is the minimum age of a person that a PSO can be served on?

Answer 18

16

Question 19

How long can you detain a person who is to be issued with a PSO?

Answer 19

For up to two hours to allow you to obtain the necessary authority.

Question 20

If a person refuses to remain at the place where they are detained for purposes of issuing a PSO, what can be done?

Answer 20

Arrest without warrant
Liable on summary conviction to a fine not exceeding $500

Question 21

When does the opportunity to serve a PSO expire?

Answer 21

After 48 hours of the PSO being issued.

Question 22

Although it is not an offence to breach a PSO, the bound person can still be taken into custody for any breaches. If this happens, what must the officer then do?

Answer 22

Bring them before the court within 24 hours
Make a complaint to the court requesting that it makes an order under S45 of the act

Question 23

If a person who breaches a PSO who is taken into custody cannot be seen at court within 24 hours, what must you do?

Answer 23

Summons the person to court.

Question 24

If a person bound by a PSO decamps after breaching, how long do you have to locate that person and bring them before court?

Answer 24

One month from time of breach to locate and then 24 hours to bring them before court.

Question 25

How is a breach of PSO complaint filed?

Answer 25

Filed using the complaint form 2142 in NIA and sworn at court by the Constable named on the complaint.

Question 26

What is the only offence in relation to a PSO?

Answer 26

Section 32(2) - Failing to remain while a safety order is issued

Question 27

What section of the family violence act 2018 can a PSO be issued against a 16 or 17 year old?

Answer 27

S28 - if order is justified by special circumstances

Question 28

What are the special circumstances to consider under S31 in relation to when to issue a 16 or 17 year old with a PSO?

Answer 28

RGTB issue of PSO necessary to make person at risk safe Total level of concern rated HIGH Approval from SSGT or above after consultation with OT

Question 29

What reasonable steps must be considered before issuing PSO to 16 or 17 year old?

Answer 29

Identifiable offence - 214? Identifiable offence - youth aid referral No identifiable offence - alternative actions available

Question 30

What is a protection order?

Answer 30

A court ordered mechanism providing safety for victims of family violence.

Question 31

When would Police be involved in serving protection orders?

Answer 31

Respondent holds a firearms licence or Believed to be in possession or have access to a firearm or Service is assessed as being a significant risk to server or Protection order granted without notice

Question 32

Who is automatically included in a protection order?

Answer 32

The application and any child of the applicants family. A young person aged 18 years and older remains protected by the order until they leave home. Adult children not living with the applicant must be identified on the order as a specified person.

Question 33

If the court directs a respondent of a protection order to undertake an assessment for non-violence programmes and they fail to attend, what are the consequences?

Answer 33

This is an offence and the respondent would be liable on conviction to six months imprisonment or a fine not exceeding $5000

Question 34

In relation to a protection order, what are the conditions relating to weapons?

Answer 34

Respondent must not possess or have any weapon (firearm, airgun, pistol, restricted weapon, ammunition or explosive) under their control or Hold a firearms licence

Question 35

How long does a person have to surrender firearms or weapons once served with a protection order?

Answer 35

24 hours

Question 36

Who is a child, defined by the Family Violence Act 2018?

Answer 36

a person who is under the age of 18 years

Question 37

Who is defined as a child of the applicants family?

Answer 37

a child who at the time ordinarily or periodically resides with the application, whether or not the child is a child of the applicant, respondent or both Also includes a child born after the time when the order was made

Question 38

Define family member as per S8 Family Violence Act 2018

Answer 38

Any other person who is or has been related to the person, by blood or through marriage or by adoption or any other person who is a member of the persons whanau or culturally recognised family group.

Question 39

Define partner as per S8 Family Violence Act 2018

Answer 39

Spouse or partner

Question 40

Define property as per S8 Family Violence Act 2018

Answer 40

Property that the person owns or does not own but uses or enjoys, is in the care or custody or is at the persons house.

Question 41

Who is a considered a protected person in relation to a protection order?

Answer 41

The person for whose protection the order was made, any child of that persons family, any person for whose benefit the order applies under a direction under S87

Question 42

Define family violence

Answer 42

In relation to a person means violence inflicted against that person and by any other person with whom that person is, or has been in a family relationship with

Question 43

Name the three types of violence

Answer 43

Physical Sexual Phychological (mental)

Question 44

What is defined as a family relationship?

Answer 44

If the person is a spouse or partner, a family member ordinarily shares a household with the person Has a close personal relationship with the person

Question 45

What type of relationship wouldn't be considered as sharing a household with the person in relation to a family relationship?

Answer 45

Landlord - Tenant Employer - Employee Employee - Employee

Question 46

What is considered when determining if a person has a close personal relationship?

Answer 46

Nature and Intensity of relationship Amount of time spent together Place or places where that time is spent Manner in which that time is spend Duration of relationship

Question 47

Under section 99, upon being served with a temporary protection order what occurs with the respondents firearms licence?

Answer 47

Firearms licence held is deemed to be suspended.

Question 48

Under section 99, upon being serviced with a final order, what occurs with the respondents firearms licence?

Answer 48

It is deemed to be revoked.

Question 49

What is the penalty for breaching a protection order? S112

Answer 49

Every person who is convicted of an offence against this section is liable to imprisonment for a term not exceeding 3 years.