Family Harm

Question 1

What are the principles that guide Police response to family harm? (7)

Answer 1

Culturally appropriate
Hold offender accountable
Early intervention
Eyes wide open
Collect risk information
Keep parties safe
Work collaboratively

Question 2

Do Police require a victims consent to issue a PSO?

Answer 2

No

Question 3

What are the circumstances that must exist to be able to issue a PSO? (2)

Answer 3

No arrest has been made for family harm offence
RGTB necessary to ensure the immediate safety of person at risk

Question 4

What is the maximum duration of a PSO?

Answer 4

10 days

Question 5

To authorise the issuing of a PSO, what rank is required?

Answer 5

Qualified Constable of rank Sergeant (or above) or formally authorised to the appropriate position

Question 6

After a PSO breach had occurred, how long do you have to locate and take the offender into custody?

Answer 6

One month

Question 7

What powers does the court have to deal with a breach of PSO? (3)

Answer 7

Continue current PSO
Issue new PSO
Issue temporary PO

Question 8

How long after the issuing of a PSO do you have to locate and serve it?

Answer 8

48 hours

Question 9

In what time frame, after the serving of a PSO, is it deemed practicable for the bound person to surrender their firearms?

Answer 9

Immediately

Question 10

What is classed as a family relationship? (3)

Answer 10

Spouse/married
Family member
Close personal relationship

Question 11

What is not classed as a family relationship? It excludes (5)

Answer 11

Casual acquaintances
Work-only relationships
Service provider
Tenant/boarder
Employee relationships

Question 12

What are the three mechanisms for risk assessment? (3)

Answer 12

Child risk factors
Intimate partner vulnerability
ODARA

Question 13

When opposing bail for a family harm offender, it is important to take S.8 of the Bail Act into account. What does this pertain to?

Answer 13

The court’s primary consideration is the need to protect the victim of the alleged offence (and family)

Question 14

When does the non-contact clause of the PO not apply? (5)

Answer 14

Emergency
Special condition of PO
FGC
Court
Under any order or written agreement

Question 15

Name seven conditions set out by a Protection Order (7)

Answer 15

Exclusion from residence
No contact
No family violence
No damage to property
No encouraging breaches
No intimidation or harassment
Complete non-violence program

Question 16

What is the timeframe for offences that can be included in a VVS?

Answer 16

2 weeks

Question 17

What is the threshold for initial supporting agencies to disclose victim information to a second or subsequent support agency?

Answer 17

RGTB disclosure is necessary to ensure the victim receives the highest level of support

Question 18

If a family harm victim goes hostile it is important that there is evidence to corroborate. What are examples of these? (7)

Answer 18

Medical examination
Photographs of injuries
Clothing
Previous family harm reports & risk assessments
Witness statements
Suspect interview (and admissions)
Phone data

Question 19

What are the principles to be considered when charging family harm offenders? (6)

Answer 19

Do not minimize the offending
Consider the full range of charges applicable
Reflect the nature of the offending
Evidential test: Ensure sufficient evidence
Ongoing risk to the victim
Warning only if evidence supports prosecution

Question 20

To authorise Police Bail for a family harm matter, what rank is required?

Answer 20

Sergeant+

Question 21

Regarding PSO, if the bound person is subject to a parenting order can they still see their children?

Answer 21

The parenting order is suspended for the duration of the PSO

Question 22

What are the immediate effects of a PSO service on a bound person? (3)

Answer 22

Vacate the land/building of the PAR (regardless if they have an interest in it)

Surrender any weapon in their control and firearms license

Separation from the PAR allowing cool down period for both parties to engage in support

Question 23

If the immediate effects of a PSO are to vacate property, surrender weapons, and cool down - What are the longer-term effects? (3)

Answer 23

No violence
No contact direct/indirect
No to encourage any other person to do the above

Question 24

After the issue of a PSO there is to be no contact with the PAR unless in exceptional circumstances. What are these? (4)

Answer 24

Emergency
Special condition of PSO
FGC
Court

Question 25

When a PSO is issued, this can cause hardship on the parties. What are some points we must consider? (4)

Answer 25

Who will have the family vehicle Who controls the finances Ability for the bound person to find accommodation/transport Children w disability/illness requiring intensive care

Question 26

The starting point for a PSO is 24 hours, though can be up to 10 days. The longer the duration, the more complex the decision-making is. When deciding on the duration of a PSO, what are some points to consider? (5)

Answer 26

Public holidays Access to support services Likelihood of serious harm Orders to be granted PAR relocation sought

Question 27

If there is a likelihood of serious harm, orders to be granted and/or PAR relocation sought. What duration of PSO will be required?

Answer 27

5+ days

Question 28

What are Police powers when serving Police safety orders? (3)

Answer 28

Detain for 2 hours to obtain authority and serve the order Remove the person and transport to the station Failure to remain while detained can be arrested

Question 29

When you serve a PSO on a bound person, they must surrender all firearms and license. What else can you consider doing? (2)

Answer 29

S.60A Arms Act - Suspension of license pending revocation S.18 S&S Act - Warrantless search for firearms

Question 30

Is it an offence to breach a PSO?

Answer 30

No

Question 31

If RGTB bound person failed to comply with PSO. What action can you take?

Answer 31

Detain/take into custody and bring before the court within 24 hours.

Question 32

Can you arrest bound person for breaching PSO?

Answer 32

No

Question 33

You detain male for breach of PSO and take them into custody. It's a Saturday evening, and you are unable to get them to court within 24 hours. What do you do?

Answer 33

Release and summons to appear.

Question 34

After a PSO breach had occurred, you have one month to locate them and bring them before the court. What enquiry can you make with the court to assist?

Answer 34

Apply to the court for a warrant for their arrest (2W). This provides a power of entry.

Question 35

As a breach of PSO is not an offence, we do not prepare a regular court file. What do we do instead?

Answer 35

We file a complaint and swear it at the court in person

Question 36

Court decides to issue a PSO, who can serve it? List in order (3)

Answer 36

Court Officer Constable Prosecutor

Question 37

If Court issues a PSO. The prosecutor must contact the PAR and advise of the outcome. What are the requirements of this contact? (3)

Answer 37

3 calls w/in hour 4Q at the address Record enquiries in NIA

Question 38

Can a PSO be issued against YP 16/17 years?

Answer 38

Yes, though only special circumstances. It should be the last option.

Question 39

What special circumstances must be met for the of issuing a PSO against a YP aged 16/17 years? (4)

Answer 39

RGTB the PSO necessary to protect PAR from serious violence According to 5F total level of concern is high Approval from S/Sgt+ obtained Authorising S/Sgt+ has consulted with OT

Question 40

If RGTB bound person, aged 16/17 years old has failed to comply with PSO. Does S.214 apply?

Answer 40

No. A breach of PSO is not an offence and is not arrestable.

Question 41

Discuss PO, and whether they also apply to protecting children? (3)

Answer 41

Automatic cover for any child of the applicant's family An adult child 18+ protected while living at home If an adult child leaves home, to be protected they must be specified person

Question 42

The courts can serve PO, in what cases will Police serve them? (4)

Answer 42

Respondent holds firearms license Respondent likely to have firearms Service would be significant risk to the server PO granted w/o notice

Question 43

At the time of PO service, Police must demand surrender of all firearms and license. What is the time frame that this must be completed in?

Answer 43

As soon as practicable, but within 24 hours.

Question 44

Once the PO has been served, to comply with the Privacy Act, what is an important step Police must take?

Answer 44

Delete the PO and corresponding affidavit from the Police file.

Question 45

If a PSO is breach, the court can order the issue of a TPO, what clause is this dependent on?

Answer 45

That the victim does not object

Question 46

What do the non-violence conditions of a PO include? That the respondent must not... (3)

Answer 46

No violence No contact direct/indirect No to encourage any other person to do the above

Question 47

In what circumstances can the court issue a final PO?

Answer 47

At sentencing for a family violence matter (if victim does not object)

Question 48

How does consent to contact work under a PO?

Answer 48

It can be turned on and off. It must be given in writing, but it can be withdrawn in any way and does not need to be in writing.

Question 49

The definition of family violence has been widened to include what other types of abuse? (6)

Answer 49

Ill treatment of animals Harassment Preventing care Coercion and control Dowry related abuse + One or several acts that form a pattern of behaviour (even if only small)

Question 50

Conditions of PO include non-violence and non-contact. What two other conditions are there?

Answer 50

Assessment for non-violence programme Not to possess firearm, license, or any weapons

Question 51

Can a PO be issued against a YP?

Answer 51

Yes, if 16+ and special circumstances apply

Question 52

What type of remedy is a PO, and who can discharge it?

Answer 52

Civil remedy that can only be discharged by the court

Question 53

Can a PO issued in another country be recognized in New Zealand?

Answer 53

Yes

Question 54

What should the Police do if the protected person attempts to withdraw a PO?

Answer 54

Oppose withdrawl

Question 55

How should PO be treated when they are required to be served?

Answer 55

Treated as a priority and served without delay.

Question 56

What must be done with the protected person’s application/affidavit after a PO is served?

Answer 56

Must be deleted from NIA to comply with privacy requirements.

Question 57

If PO breached AND sufficient evidence to charge. What must you do? (3)

Answer 57

Arrest Charge Don't release for 24 hours

Question 58

Respondent charged w breach PO, must be held in custody for 24 hours. What is the exception that means they can be released prior?

Answer 58

If they can appear in court within that time and bail can be determined

Question 59

Respondent charged w breach PO, must be held in custody for 24 hours. If this time expires w/o court appearance what must occur?

Answer 59

Supervisor ranked Sgt+ to grant Police bail

Question 60

After breaching a PO, the respondent is not bailable by right. True or false?

Answer 60

True.

Question 61

When a TPO order is served the respondents, firearms license is suspended. What happens when the order becomes final?

Answer 61

Revoked

Question 62

Can a respondent of a PO apply for a firearms license?

Answer 62

No

Question 63

A child of the applicant's family is a child who is part of the household or under the applicant’s care and responsibility. Who does this include? (3)

Answer 63

Biological children Stepchildren Children for whom the applicant is a guardian/caregiver

Question 64

What is the definition of a dwellinghouse?

Answer 64

Building/structure used as a place of residence. Including land or outbuildings directly associated with it.

Question 65

Is a breach of PO a criminal offense?

Answer 65

Yes

Question 66

Police v Elliot, highlighted the point that applicant can withdraw their consent for the respondent to remain at the address at any time. What was it that Police failed to do on this occasion? What should Police do? (3)

Answer 66

Tell them to leave Allow them time to collect belongings and find somewhere to stay If the respondent refuses, they can be arrested

Question 67

In Senior v Police, respondent posted abuse about the victim on Facebook, not knowing if she would see it as they weren't friends. What did the Judge find?

Answer 67

Guilty. Parties don't need to be friends on Facebook for breach to occur. The abuse doesn’t have to be addressed directly at the protected person. There doesn’t need to be direct evidence the abuser intended the protected person to see the abuse.