# Accountabilities > [!IMPORTANT] Members must provide: > - **safety** & support > - **investigation** & identify offences > - **assess** FV risk > - utilize appropriate **dispositions** for offenders > - reduce FV in the community # Overview of Police Response 1. Initial Action 1. Separate parties 2. Obtain **all** details (Name, DOB, Mob/Email, Address) 3. Complete FVR Assessment (via IRIS) 4. Identify [[44.08 Identifying a Predominant Aggressor|Primary Aggressor]] 5. Ensure safety of all children 2. Select Criminal Option 1. Pending Enquiries 2. Pending Summons 3. Charge & Bail 4. Charge & Remand 3. Select Civil Option 1. App & Summons 2. App & Summons with IIVO 3. App & Warrant 4. FVSN 5. Variation can be done via App & Summons or App & Warrant only 4. Process Offender 1. Utilise criminal powers 2. Utilise family violence holding powers # How To Run The Job ## Enroute Conduct a full review of LEAP for the parties that might be present, read the most recent FV reports for context. - [ ] LEAP Checks (run names & addresses) - [ ] Any IVO's in place? - [ ] Any previous FV reports? - [ ] Warning Flags, Firearms & Weapons - [ ] Children present? - [ ] Operational Risk Assessment / Plan - [ ] Do they have any weapons? - [ ] Is the house unique / do we need to consider things carefully? ## Scene Attendance - [ ] Obtain Medical Assistance if Required - [ ] Separate Parties, obtain stories - [ ] Whereabouts of all Children - [ ] Evidence - [ ] Statements - [ ] CCTV - [ ] Photographs (injuries, hands, etc.) - [ ] Physical Exhibits - [ ] Witnesses - [ ] Complete FVR L17's re: Risk Assessment - [ ] Determine [[44.08 Identifying a Predominant Aggressor|Primary Aggressor]] - [ ] Determine Criminal Charges - [ ] Charges: - [ ] Determine Civil Action - [ ] Action: - [ ] Consider Arrest or Holding Powers (==Arrest 1st & Holding 2nd==) - [ ] S.38 FVPA (Power of Arrest for Contravention of IVO) - [ ] S.124 FVPA (Power of Arrest for Contravention of IIVO) - [ ] S.459 Crimes Act # Civil Stream Options ## Family Violence Safety Notice FVSN can only be made when all circumstances below are satisfied: - [ ] FVR L17 Completed - [ ] RESP over 18 (adult) - [ ] RESP **not** cognitively impaired - [ ] No Mental Illness / Health Issues - [ ] No Acquired Brain Injury - [ ] No Intellectual Disability - [ ] No Dementia - [ ] SORG no Family Law Court Order in place - [ ] No FVIO in place - [ ] Police will act as applicant for FVIO - [ ] Must be necessary to apply for because: - [ ] Ensuring safety of AFM - [ ] Preserve property of AFM - [ ] Protect child subjected to FV committed by RESP > [!NOTE] RESP does not need to be present when FVSN applied for, but must be served ASAP without delay. ## Application & Warrant - RESP at large. - Immediate concerns for safety. - Over 18 (Adult). - Bailed with IVO conditions. - Ensure the Criminal Bail doesn't mirror IVO conditions in-case of variations. - Effectively 2 counts of Bail post-processing. ## Application & Summons Application & Summons should be used when: - [ ] No immediate danger to **person** or **property**, but **action is required**. - [ ] If the RESP is ↓ 18 (**NOTE**: You must liaise with DFFH Child Protection). - [ ] If you seek an Interim Order for ↓ 18, you must ensure emergency accommodation. - [ ] Court within 14 days of incident After compiling the Application & Summons: 1. **Forward** the Application to the relevant Family Violence Registrar (at the Court) via email for it to be listed & obtain a court date. 2. **Serve** the Application & Summons 2 days prior to court on the RESP. ## Interim Family Violence Intervention Order (IIVO) You should seek an **IIVO** when you: - [ ] Need immediate action to protect AFM / Children - [ ] If the RESP is not present at the scene - [ ] If an App & Warrant or FVSN is not Appropriate - [ ] RESP **is** cognitively impaired - [ ] No Mental Illness / Health Issues - [ ] No Acquired Brain Injury - [ ] No Intellectual Disability - [ ] No Dementia - [ ] The RESP is ↓ 18 > [!IMPORTANT] If RESP = 17 or ↓ can **only** use Application & Summons with / without Interim FVIO. To make the application for an Interim FVIO: 1. Contact the Family Violence Court Liaison Officer (9AM -> 5PM) 1. [[email protected]](https://police.vic.gov.au/ "https://[email protected]") 2. 03 9369 2122 2. Contact After Hours Registrar if outside court hours 1. 03 9628 7899 3. Forward the Application for the IIVO to the relevant Court for listing. 4. **Serve** the Application with the IIVO on the RESP. > [!NOTE] If an IIVO is not granted, you **must** record the reasons on LEAP and inform the AFM. ## Application & Warrant You should apply for an Application & Warrant when you: - [ ] Cannot locate the RESP or the RESP is not in custody - [ ] Need to ensure the welfare or preserve property of an AFM - [ ] Protect children subjected to FV - [ ] Ensure respondent attends court To make an Application & Warrant: 1. Ensure all paperwork is ready before calling anyone. 2. Obtain approval from Supervising Sergeant 3. Contact the Family Violence Court Liaison Officer (9AM -> 5PM) 1. [[email protected]](https://police.vic.gov.au/ "https://[email protected]") 2. 03 9369 2122 4. Contact After Hours Registrar if outside court hours 1. 03 9628 7899 5. Locate, arrest & bail the RESP 1. If you are in ND2, use the pro-forma wording. 3. Ensure bail conditions correct: 1. Not to commit family violence against the protected person(s). Note: The Family Violence Protection Act 2008 defines family violence as behaviour by a person towards a family member of that person that is physically or sexually abusive, emotionally or psychologically abusive, economically abusive, threatening, coercive, or in any other way controls or dominates a family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person. Family violence includes behaviour that causes a child to hear or witness or otherwise be exposed to the effects of these behaviours. 2. Not to Intentionally damage any property of the protected person(s) or threaten to do so. 3. Not to attempt to locate, follow the protected person(s) or keep him/her/them under surveillance. 4. Not to publish on the internet, by email or other electronic communication any material about the protected person(s). 5. Not to contact or communicate with a protected person by any means. 6. Approach or remain within 5 metres of a protected person. 7. Go to or remain within 200 metres of any other place where a protected person lives, works or attends school/childcare. 8. Not to get another person to do anything the respondent must not do under this order.