Understanding Domestic Abuse and Firearm Access

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Questions and Answers

What is one of the primary roles of the Police Service when responding to domestic abuse incidents?

To investigate only severe cases of abuse

To prevent further violence and protect vulnerable individuals (correct)

To focus solely on the prosecution of offenders

To advise victims to stay quiet about their experiences

Which of the following correctly defines domestic abuse according to the PSNI?

Threatening, controlling, and abusive behavior by intimate partners or family members (correct)

Emotional and psychological harm inflicted only by a spouse

Any form of violence towards individuals with no special relationships

Physical violence occurring only in the presence of children

Which situation best exemplifies a 'repeat victim' of domestic abuse?

A victim who has ceased contact with the abuser

An individual who has experienced financial abuse once

A person who has reported a domestic abuse incident multiple times (correct)

Someone who has been threatened but has not reported it

Which of the following is NOT considered a form of domestic abuse?

Disagreement between neighbors Signup and view all the answers

Domestic abuse can involve actions from which of the following relationships?

Both family members and intimate partners Signup and view all the answers

What aspect must a relationship have to be classified under 'intimate partners'?

There must have been a sexual aspect with ongoing stability Signup and view all the answers

Which scenario best illustrates 'honour crimes'?

Abuse inflicted upon individuals due to perceived dishonor to the family Signup and view all the answers

How frequently does the Police Service respond to an incident of domestic abuse?

Every 17 minutes Signup and view all the answers

What is the primary consideration for attending officers when assessing access to firearms in a domestic incident?

Whether the continued possession of a firearm endangers public safety Signup and view all the answers

What system is linked to the firearms database to notify control room operators about licensed firearms at an address?

The Control Works system Signup and view all the answers

In the event of a domestic abuse-related offense committed by a police officer, who should be appointed as the investigating officer?

A police officer one rank higher than the alleged perpetrator Signup and view all the answers

What should officers do prior to seizing a firearm from a domestic incident?

Consult with their immediate supervisory rank Signup and view all the answers

What is the purpose of the PPN and DASH risk assessment in domestic abuse cases?

To assess risks associated with a victim of domestic abuse Signup and view all the answers

What action must be taken if a domestic incident involves a member of the armed services?

Notify the duty Inspector of the incident Signup and view all the answers

What should be included in a DASH form when completed at incidents with a domestic motivation?

Nine additional questions about stalking and harassment Signup and view all the answers

How should the risk presented by a perpetrator with access to firearms be evaluated by officers?

Based on the perpetrator's history of violence Signup and view all the answers

Who may apply for a Non-Molestation Order?

Current and former spouses, cohabitees, siblings, and children Signup and view all the answers

What does an 'ex-parte' application for a Non-Molestation Order mean?

The abuser is unaware of the proceedings Signup and view all the answers

What is required for a police power of arrest regarding an Occupation Order?

It must be issued in conjunction with a Non-Molestation Order Signup and view all the answers

What type of individuals can apply for an Occupation Order?

Current and former spouses, cohabitees, and those sharing a house Signup and view all the answers

What action is taken if a respondent breaches a Non-Molestation Order?

Police have a power of arrest Signup and view all the answers

In what circumstances does a Violent Offences Prevention Order (VOPO) apply?

To protect the public from serious violent harm Signup and view all the answers

What must happen after an 'ex-parte' Non-Molestation Order is granted?

There must be a subsequent hearing with both parties present Signup and view all the answers

Which order does NOT provide an inherent power of arrest?

Occupation Order Signup and view all the answers

What should be done if a victim or perpetrator is already receiving social services or mental health services?

Make necessary referrals for further support or intervention. Signup and view all the answers

Which type of order can be requested from the court to provide additional protection for a victim?

Restraining Order upon conviction or acquittal Signup and view all the answers

How is abusive behavior defined in the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021?

Controlling, coercive behavior, and various types of abuse Signup and view all the answers

What should officers do when they attend a domestic incident with no crime detected?

Document the incident as a first incident of abusive behavior. Signup and view all the answers

When a victim reports a first incident of abuse, what is required of officers?

To upload and exhibit Body Worn Video (BWV) footage. Signup and view all the answers

What should be considered when incidents occurred before the commencement of the Domestic Abuse bill?

Relevant previous offenses such as harassment or malicious communications. Signup and view all the answers

Which of the following behaviors is NOT included in the definition of abusive behavior?

Harassment solely through phone calls Signup and view all the answers

What indication should be made when assessing a victim as high risk?

Flag the parties on NICHE as high risk. Signup and view all the answers

What is required for a person to be committing a domestic abuse offence?

The offender must engage in a course of behaviour that is abusive of another person. Signup and view all the answers

Which of the following conditions is NOT required to establish a domestic abuse offence?

The victim must explicitly affirm that they feel harmed. Signup and view all the answers

Which of the following accurately defines 'course of behaviour' in a domestic abuse context?

Behaviour that occurs on at least two occasions. Signup and view all the answers

What must be true regarding prior offences to be included in the course of behaviour for domestic abuse?

They must have occurred on or after February 21, 2022. Signup and view all the answers

What is an example of abusive behaviour that falls under domestic abuse?

Isolating the victim from friends or support networks. Signup and view all the answers

How is the likelihood of harm assessed in a domestic abuse offence?

Through an objective test that evaluates the course of behaviour. Signup and view all the answers

Which of the following is NOT considered a relevant effect of abusive behaviour?

Encouraging the victim to engage in new activities. Signup and view all the answers

What form of intent is required for a domestic abuse offence to be proven?

Both intention to harm and recklessness can establish the offence. Signup and view all the answers

Study Notes

Domestic Abuse Definition

The PSNI defines domestic abuse as: threatening, controlling, coercive behavior, violence or abuse (psychological, virtual, physical, verbal, sexual, financial or emotional) inflicted on anyone by a current or former intimate partner or family member.
Domestic abuse can include: forced marriage, so called ‘honour crimes’, or traditional practices, such as female genital mutilation.

Repeat Victim

A repeat victim of domestic abuse is a person about whom any incident of domestic abuse has been reported to police previously.

Firearms Access

Attending officers should ascertain if the perpetrator in any incident has access to firearms.
The Control Works system is linked to the firearms (Shogun) database and will notify control room operators that licensed firearms are registered at any given address.
If a perpetrator has access to firearms, serious consideration must be given by attending officers as to whether the continued possession of a firearm by the holder is likely to endanger a member of the public.
Prior to any seizure or removal of a firearm and or ammunition, attending officers should consult with their immediate supervisory rank.

Police or Armed Forces Involvement

The duty Inspector should be immediately informed of any domestic incident involving a police officer or a member of the armed services.
Where a domestic abuse-related criminal offence is alleged to have been committed by a police officer or member of police staff, a police officer at least one rank higher than that of the alleged perpetrator, should be appointed as investigating officer (IO).
A police officer of at least Sergeant Rank will take personal charge of the investigation in all other circumstances where a police officer, a member of police staff or a member of the armed forces is a party to the incident.

DASH Risk Assessment

The PPN and DASH risk assessment provides a mechanism by which police can identify risks associated with a victim of domestic abuse.
There are currently four DASH forms used by PSNI:
- DASH: completed at all incidents with a domestic motivation, this includes nine additional questions in relation to stalking and harassment, if applicable.

Non-Molestation Order

Non-Molestation Orders may be granted to a wide variety of people, regardless of marital status, ownership of property and whether or not the parties still reside together.
The victim’s solicitor applies to the court for the Non-Molestation Order.
If the victim is fearful that this notification may engender further abuse or violence, then it is possible to apply for a non-molestation order ‘ex-parte’, which means their abuser is unaware of the proceedings.
If a Non-Molestation Order is made ‘ex-parte’, then there will often need to be a second hearing later on with both parties present to allow the other party a chance to respond and challenge the order.
If the respondent breaches the NMO, police have a power of arrest for Breach of a Non Molestation order.

Occupation Order

Occupation Orders may be granted to a wide variety of people, regardless of marital status, ownership of property and whether or not they are still resident there.
The Order will say who can live in the family home or enter the surrounding area.
Police will only have a power of arrest for contravention of an Occupation Order where it is issued in conjunction with a Non Molestation Order.
The victim’s solicitor applies to the court for the Non Molestation Order and Occupation Order.

Violent Offences Prevention Order (VOPO)

A court can give an offender a Violent Offences Prevention Order (VOPO) to protect the public if there's a risk the offender could cause serious violent harm.

Restraining Order

Consider making a recommendation on the file and in discussions with the PPS Prosecutor to consider a request from the court for a Restraining Order upon conviction or acquittal which will provide addition protection for victim and power of arrest for police.

High Risk Victims

For those victims that have been assessed as high risk, the officer should also consider: Flagging the parties on NICHE indicating that the victim is high risk.

Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021

The introduction of this Domestic Abuse offence closes a gap in law by criminalising abusive behaviour that occurs on at least two or more occasions, against an intimate partner, former partner or family member.
Abusive behaviour includes not only physical violence, sexual violence and threatening behaviour but also extends to controlling or coercive behaviour, psychological abuse, emotional abuse, financial abuse and economic abuse.
On these occasions it is important to have this incident included on the niche domestic history report and flagged as a first incident of abusive behavior.
Officers must upload and exhibit BWV footage for first incidents of abuse.
If we receive reports of incidents which occurred before the commencement of the bill, we must consider what other offences may be relevant such as harassment or malicious communications.
When you attend a domestic incident there will be occasions when you will identify other statutory offences (Criminal Damage or AOABH) as well as the domestic abuse offence.

Statute Barred Offences

You can use a statute barred offences as part of the domestic abuse course of behaviour.
There would however have to be a connection between the statute barred offence and the other abusive behavior reported.
As long as the crime happened from 21st February 2022. The legislation is not retrospective, you cannot use any crime prior to this date as part of your course of abusive behaviour.

Key Aspects of the Domestic Abuse Offence

A person commits an offence if all the following FOUR conditions are met:
- Offender engages in a course of behaviour¹ which is abusive of another person.
- The offender and victim are personally connected to each other at the time, and
- A reasonable person would consider the course of behaviour would be likely to cause the victim physical or psychological harm2; this includes fear, alarm and distress.
- They intend³ the course of behaviour to cause the victim to suffer physical or psychological harm, or is reckless as to whether the course of behaviour causes the victim to suffer physical or psychological harm.
A "course of behaviour" is behaviour that has occurred on at least two occasions.
This is an objective test with no proof of harm required.
Intentionality or recklessness relates to the course of behaviours, not the individual incidents.

Abusive Behaviors (Non-Exhaustive List)

Behaviour that is violent (this includes physical and sexual violence).
Behaviour that is threatening or intimidating.
Behaviour that is directed at the victim, a child (a person under 18 years of age) of the victim or any other person that has as its purpose one or more of the relevant effects:
- Making the victim feel dependent or subordinate to the offender.
- Isolating the victim from friends/relatives/sources of social interaction and support.
- Controlling, regulating or monitoring the victim's day to day activities.
- Depriving the victim of or restricting their freedom of action.

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Description

This quiz explores the definitions and implications of domestic abuse, including the types of abuse and the concept of repeat victims. It also addresses the critical role of firearms access in domestic abuse situations, outlining the responsibilities of attending officers. Test your knowledge on these vital topics related to domestic violence and law enforcement.