SAFE AT HOME An Integrated Response to Family Violence The Right to Stay at Home and be Safe

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SAFE AT HOMEAn Integrated Response to Family
ViolenceThe Right to Stay at Home and be Safe

• Liz Little Principal Consultant
• Department of Justice
• August 2007

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Safe at Home - where did it start?

• In 2003 the Tasmanian Attorney-General requested
  the development of a family violence framework
  which was
• pro arrest
• pro prosecution
• inclusive of perpetrator programs
• recognized children as victims
• based on the what works literature

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Safe at Home - Policy Principles

• Family violence is a crime and where evidence
  exists that it has been committed arrest and
  prosecution will occur.
• The victim should not placed in a position of
  determining the response of the justice system.
• The safety of victims is paramount.
• Wherever possible victims should have the choice
  about remaining in their own home.

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Safe at Home - Policy Principles (contd)

• The service response to family violence should
  be seamless and roles and responsibilities of
  each agency should be clear.
• The Police are responsible for providing
  immediate intervention to secure the safety of
  the victim(s) and manage the risk that the
  offender might repeat or escalate their violence.

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Safe at Home - the Foundations

• Safe at Home is built around
• Managing the risk that an offender might repeat
  or escalate their violence
• Identifying and implementing strategies that
  enhance the safety of the victim(s)

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Safe at Home - the key elements

• Safe at Home involves
• An integrated response system
• Family violence legislation that overarches the
  criminal and civil justice systems

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The Family Violence Act 2004

• Reinforces the criminal nature of family
  violence.
• Mandates the management of both risk and
  safety through an integrated response.
• Includes physical, psychological, emotional, and
  economic violence as criminal offences.
• Recognises children as victims in their right.

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Family Violence Act 2004 - Tenancy

• 17. Issue of replacement residential tenancy
  agreement
•       (1) If the person against whom an FVO is to
  be made is a tenant of residential premises
  occupied by an affected person, a court may make
  an order under section 16 to 
• (a) terminate the residential tenancy agreement
  and
• (b) establish a new residential tenancy agreement
  ("the replacement agreement") for the benefit of
  the affected person and any other party who was
  party to the terminated agreement other than the
  person against whom the FVO is made.
•     

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Family Violence Act 2004 - Tenancy

•   (2) A residential tenancy agreement established
  under subsection (1) is to have the same terms
  and conditions, other than the names of the
  tenants, as the agreement that was terminated
  under that subsection.
•       (3) Where an agreement terminated under
  this section is for a fixed term, the date of
  expiry of the replacement agreement is to be the
  same as that of the terminated agreement.
•       (4) Before an order is made under this
  section, any person having an interest in the
  residential premises is entitled to appear and be
  heard in relation to the matter.

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Family Violence Act 2004 FVOs

• 16. Family violence orders
•       (1) A court may make an FVO if satisfied,
  on the balance of probabilities, that 
• (a) a person has committed family violence and
• (b) that person may again commit family violence.
•       (2) An FVO may include such conditions as
  the court considers are necessary or desirable to
  prevent the commission of family violence against
  an affected person or to protect any other person
  named in the order.
•      

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Family Violence Act 2004 FVOs

• (3) Without limiting the nature of the conditions
  which may be included in an FVO, the court may
  require the person against whom the FVO is to be
  made to do one or more of the following
• (a) vacate premises, not enter premises, or only
  enter premises on certain conditions, whether or
  not that person has a legal or equitable interest
  in the premises
• (b) not possess firearms specified in the order
  or forfeit or dispose of any firearms in his or
  her possession.

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Integrated Case Coordination

• Operational police at incident administer the
  Risk Assessment Screening Tool RAST (high,
  medium, or low risk)
• Safety Audit undertaken VSRT manage high/medium
  risk cases Safety Plan developed in
  consultation with victim
• VSRT presents all new cases at weekly Integrated
  Case Coordination (ICC) meeting Case
  Coordinator assigned and Review Cycle established

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Integrated Case Coordination

• ICC attended by VSRT Police Prosecutions Court
  Support and Liaison Service Family Violence
  Counselling and Support Service child
  protection Special Needs Worker and in some
  districts the Education Department Social Work
  Service
• Cases are closed by consensus Business Rules
  defined in case Coordination Manual

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Safe at Home - Snapshot of Outcomes

• Police attendance at family violence incidents
  has increased by 40
• Arrest occurs in approximately 63 of family
  violence cases
• Criminal complaints lodged with the Court in
  relation to an offence against a person have
  increased 32 since SaH was introduced most if
  not all of these relate to FV matters.

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Safe at Home - Snapshot of Outcomes

• On 1 June 07 there were 24 prisoners (approx.
  20) on remand who were subject to a current FVO
  
• 9 for the breach of an FVO
• 5 for the breach of an FVO and assault
• 3 for assault
• 4 for offences such as rape or wounding
• 3 for assault and other offences (eg burglary).

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Safe at Home - Snapshot of Outcomes

• Prosecution outcomes for family violence assault
  cases are similar to those for general assault
  suggesting that family violence is no longer
  treated as a lesser crime (54 of FV defendants
  pleaded or were found guilty).
• The number of family violence related protection
  orders issued per month has approximately trebled
  (FVOs 70 p.m. PFVOs 130 p.m.)
• There are approximately 50 applications per month
  to vary protection orders (FVOs 40 PFVOs
  -10)

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Safe at Home - Snapshot of Outcomes

• Between Nov 05 and July 07 there were 7182
  family violence cases dealt with under SaH of
  which 4476 (62) were closed
• 45 of family violence perpetrators are repeat
  offenders
• 8 of family violence incidents involved the use
  or threat of use of weapons
• 9 of family violence victims required medical
  treatment after the assault
• Children are present at 38 of family violence
  incidents