Family Violence Flashcards
(25 cards)
what is the pro-intervention policy
- Prompt action
- Providing immediate protection for victims and affected children
- Timely and thorough investigation of alleged incidents
- Investigation of any other offences identified
- Gathering of evidence
- Involvement of external agencies
- Arrest or Summons and prosecution of offenders
What is a significant relationship
One party must be at least 16
A relationship between two adults:
- Who have a relationship as a couple
- Who are not married to one another or related by family
what are considerations when determining a significant relationship
· Relationship Act 2003, section 4 (3)
· Duration of relationship
· Nature/extent/common residence
· Sexual relationship
· Degree of financial dependance/independence
· Ownership, use or acquisition of property
· Degree of mutual commitment to shared life
· Care/Support of children (always yes if it’s a child)
· Performance household duties
· Public/perception of the relationship
What is family violence
Family Violence Act 2004 S7
Conduct committed by a person, directly or indirectly, against that person’s spouse or partner:
- Assault, including sexual assault
- Threats, coercion, intimidation or verbal abuse
- Abduction
- Stalking and bullying
- Attempting or threatening any of the above
Any of the following:
- Economic abuse
- Emotional abuse
- Contravening an interim FVO, an FVO, or a PFVO; or
Damage caused, directly or indirectly to any property:
- Jointly owned by that person or his/her spouse or partner
- Owned by that person’s spouse or partner
- Owned by an affected child
What is the power for police to enter certain premises
Power of police to enter certain premises
A police officer may, without warrant, and using such force as is necessary, enter and remain on premises for such period as he or she considers reasonably necessary to prevent family violence –
(a) at the request of a person who apparently resides on the premises; or
(b) if the officer reasonably suspects that family violence is being, has been or is likely to be committed on those premises.
A police officer who enters premises may:
- Arrest any person to facilitate the issue of a PFVO or application for an FVO
- Orally direct any person to remain on premises
o for search
o for risk screening
o safety audit
o forensic examination
- May use such force as is reasonably necessary
- Search any person on those premises, that the PO reasonably believes, may have in their possession items that have been used, or may be used to commit family violence
o Search those premises for any such object
o Seize and retain any such object
- If PO reasonably suspects that a person has created an object to commit FV, the PO may:
o Enter those premises to search for the object
o Search those premises
o Search any person PO reasonably suspect has possession
o Seize and retain the object
o SAME FOR A FIREARM
o Arrest any person to facilitate the issue of a PFVO or application for an FVO
What is a RAST
- Assess a victim’s risk of experiencing future FV
- Increase accountability and provide structure
- Victim based tool
- Use as an aide-memoire
When to complete a RAST
- All cases of FV
- Can be used as a guide to level of intervention
FVMS report
- For all family arguments and FV incidents
- Complete as soon as practicable
- Ensure report is validated
What is a family argument
A family argument is a non-violent, non-abusive, non-criminal dispute, characterised by the absence of controlling or coercive behaviour and therefore attending members identify no issues of physical risk and safety.
FV has not and is not likely to be committed
Systems to check history
- Compass
- ATLAS
- FVMS
- DORS
Difference between orders
PFVO – put in place by Sgt and lasts 12 months
FVO – put in place by the Court, lasts as long as the magistrate determines
o Can have any conditions
Family Law trumps PFVO – try to keep the family together as much as possible
PFVO is enforceable in different states.
FV search powers
If a police officer reasonably suspects that a person has committed family violent
- (a) enter the premises on which the officer reasonably suspects that the object may be found; and
- (b) search those premises for the object; and
- (c) search any person who the officer reasonably suspects has possession of the object; and
- (d) seize and retain the object; and
- (e) arrest, without warrant, any person on those premises to facilitate the issue of a PFVO, or the making of an application for an FVO, in respect of that person.
PFVO information
- Enforced for 12 months
- Consider adding affected children
- 3 copies
o Offender
o Victim
o Station
o File (consider this, not a must) - In force only once served on the offender
Serving a PFVO
- Serve without a requirement to arrest
- Explain the conditions and ensure all details are correct
- Have the offender sign the Memorandum of Service; if they refuse:
o Write ‘refused to sign’ on the document
o Complete a subject report & attach to the station copy - Fax and forward signed orders to FV unit
FVO information
- Application generated through FVMS
- Victim statement is to be attached to all copies of the application
- Offender will be provided with a copy of the victim statement; you MUST remove all contact and location details
- Five copies are required:
o Offender
o Victim
o File Copy
o Defence Copy; and
o Court Copy
What is an affected person
A person against whom family violence is directed - eg spouse or partner
what is an affected child
- A child whose safety, psychological wellbeing or interests are affected or likely to be affected by family violence
- the child doesnt need to witness or be present during family violence occurring to be classed as an affected child
FV POA
Where a police officer reasonably suspects that a person has committed family violence, the officer may arrest that person without warrant.
A police officer may detain a person taken into custody under subsection (1) for a period required to do any or all of the following;
a) determine the charge or charges which should be laid in relation to the family violence; b) carry out a risk screening or safety audit; c) implement the measures identified by a safety audit where it is practical to do so; d) make and serve a PFVO or an application for a FVO.
What is a EMD
Electronic Monitoring Device
- Only used for serious offender - FVO
- Isn’t charge/not on = breach of the order, have POA
- The offender has to be contactable by phone provide
When should you submit a FVMS and who do you tell
By the end of your shift
tell your sergeant and oncoming sergeant
who makes a FVO
We make the application
magistrate makes the order
When should you complete a RAST
Who’s act does an interstate order be charged under
if FV occurs in TAS, charged under our act
How do you obtain contact with other states
RDS, NCIS
