Law Level 5: Family Law

An introduction to Victorian (Australia) Family Law

91 cards   |   Total Attempts: 182
  

Cards In This Set

Front Back
Define the following in the context of family law:
Affected Family Member (AFM)
Child
Court
The subject - or intended subject - of a family violence intervention order to protect them or their property
Person under 17 years of age, or under 18 if the subject of a family violence intervention order etc.
Magistrates’ Court or Children’s Court
Define family violence
Behaviour by a person towards a family member:
✦ physical abuse
✦ sexual abuse
✦ emotional or psychological abuse
✦ economic abuse
✦ threatening and coercive behaviour
✦ controls/dominates and causes fear for safety
✦ behaviour causes child to be exposed to any of the above
Define 'Family Member':
Is or has been:
spouse or domestic partner
relative
✦ in an intimate relationship
Child who is or has:
regularly resided with relevant person
✦ been the child of person who has or has had intimate relationship with relevant person
Note: Relationship may be intimate whether or not it is sexual in nature
When must Form L17 and a Risk Assessment be completed?
For all reported incidents of Family Violence
What questions can you ask to determine the existence of family violence?
✦ Has anyone in family/household:
Made you afraid?
Put you down, humiliated you, or tried to control you?
Pushed, hit, punched, kicked, hurt or threatened to hurt you?
Made you concerned for the safety of children, other family members or pets?
What two questions should you always ask immediately upon attending premises at which family violence is suspected?
1) Are there any children in the house? (Look around for any signs of a child's presence).
2) Are there any weapons in the house?
Does behaviour need to be criminal in order to constitute family violence?
No.
Which reports of family violence are to be treated seriously?
ALL of them.
What are the three main functions of police in regards to family violence?
SIP
1) Provide Safety and support to those involved
2) Identify, investigate & prosecute
3) Prevent & deter
What are the three fundamental options available to police when dealing with family violence? Briefly describe each.
The Criminal OptionThe primary response of police is to pursue criminal charges where available.
The Civil OptionInvolves making an application for a family violence intervention order. YOU are the applicant.
ReferralTo DHS & other services.Additional measures which do not replace the pursuit of criminal or civil options. It is an option that police follow in ALL cases.
EG: Can be either - Criminal + Civil + Referral Criminal + Referral Civil + Referral Referral
What's the easiest way to determine who is the AFM and who is the Respondent (perpetrator) in a family violence situation?
There isn't one. Always keep an open mind. Both may be perpetrators. Don't allow yourself to be manipulated. Remember a man can also be a victim of family violence, and that parents can be the victim of violence from a child.
Which of the police options should always be pursued if available?
The criminal option.
Referral can be formal or informal. Describe both.
FormalWhen police disclose information contained in a VP Form 17 (Family Violence Risk Assessment and Management Report) to a family violence specialist service, Eg: DHS, Child FIRST (VP Form 1320)
InformalProviding those involved with details of an external service which might be able to help.
Used when:
No evidence available for intervention order or charges.
No immediate concern for safety and welfare.
How is police action determined, in relation to family violence incidents?
MAP
1) Management of the incident
2) Assessment of risks and threats
3) The level of future Protection required
What compulsory action is to be taken by police when dealing with a family violence situation?
Parade/PRV
Protection
and support of AFM
Be Aware and sensitive to the circumstances
Undertake a family violence Risk assessment
Identify Aggressor(s) (be aware of possibility of self-defence)

Assess risk to Determine option to take
Gather Evidence (witness statements, photos, background info, clothing etc)
Pursue criminal and/or civil options where available
Refer to appropriate services
Comply with Victim's Charter