Family Harm Policy Flashcards
(50 cards)
Family Harm
What is Family Harm?
Holistic view of Family harm which includes
1: Physical abuse
2: Sexual abuse
3: Psychological abuse
Family Harm
Charactieristics of Family Harm?
Negative behaviour.
1: Family violence.
2: Child abuse & neglect.
3: Sexual violence.
4: Alcohol abuse & illicit drug use.
Family Harm
Other types of Family Harm?
1: Teen dating, Teen harm.
2: Elder abuse.
3: Honour-based harm/violence.
4: LGBTQI harm.
Family Harm
P.S.O.
Firearms?
Section 37
F.V.A 2018
1: Firearms Licence will be suspended for duration of PSO.
2: All Firearms & ammunitions surrendered.
3: Consider fit & proper (Revocation Action) S27-27A Arms Act 1983.
Family Harm
What is Section 99
F.V.A. 2018
1: Temporary PO
Firearms licence suspended.
2: Final PO
Firearms Licence revoked.
Family Harm
Authorising Police Bail?
Before releasing on Police bail for Breach of Protection Order, It must be authorised by a Sgt or above.
Family Harm
Breaches of PO’s
You must?
1: Charge the offender with the breach.
2: Not release on Police Bail for 24hours.
3: The defendant is not Bailable as of right to S7(2) of the Bail Act 2000.
4: Put before the courts within the 24 hours.
Family Harm
Dual defendants.
When it is unclear who the aggressor or victim is. There are counter-allegations.
Both parties arrested and charged.
Family Harm
Police Safety Order
1: Are immediate orders issued by a QUALIFIED constable or a constable authorised by a qualified constable..
2: Must vacant regardless of legal or equitable interest in property.
3: Surrender all Firearms and Ammunition for duration of PSO.
4: Can issue for 10 days.
5: Detain for 2 hours.
6 Arrest if failed to remain.
7: Bring before the court within 24hours, if not able then Summons.
8: If not located, you have 1month to bring before the court for that breach.
Under Section 28 Family Violence Act 2018
Family Harm
Effect of Parenting Order with PSO or PO
If the bound person is a party to the Parenting Order then it will be suspended.
for the duration of the PSO and PO
Family Harm
Qualified Constable
1: Sgt or above.
2: Acting Sgt is not a qualified constable.
3: Allowed up to 2 hours to obtain necessary authority. This starts from when the constable believes that the PSO is necessary.
Family Harm
What is a Protection Order.
A court order merchanism providing safety for victims of family violence.
Made under Section 79 F.V.A 2018
Family Harm
Protection Order
Children
A PO automatically affords protection to the applicant and any children.
A young person aged 18 and older are still protected until they leave home or the order is discharged.
Family Harm
Can a PSO be issued on someone 16 or younger?
Yes, if that person is or has been married / in a civil union / de facto relationship.
Family Harm
Who issues PO’s
Civil remedy issued by the Family Courts
(S. 109).
Family Harm
Can a District Court issue a PO.
Yes!!!!!!
Firstly issue a Tempoaray PO. ( 3 month period )
Without application being made by applicant or either party present.
Family Harm
If determining that a TPO is to be issued in District Court how long can they be detained for?
The District Court can detain that person for a period of 2 hours for that purpose.
(S.52)
Family Harm
District Court
Sentencing Act 2002 (ss.123B)
A TPO can be issued on sentencing an offender convicted of offence involving family harm. Necessary for victims protection.
Family Harm
What year is the Domestic Violence Act?
1995
Family Harm
What year is the Family Violence Act?
2018
Family Harm
What year is the Domestic Protection Act?
1982
Family Harm
Can an applicant contact a respondant by a phone call?
No!
Must give consent in writing.
Email/Letter/Text/D.M.
Section 94
F.V.A 2018
Family Harm
Who can consider a Revocation of a Firearms licence under S27 of the Arms Act.
Inspector or above.
Family Harm
When must Police serve Protection Orders.
1: Respondant holds a firearms licence OR in possesion of firearms.
2: Significant risk
3: PO has been granted without notice.
