http://www.stuff.co.nz/4579630a11.html

Police get new powers in domestic incidents

By BEN FAWKES – The Dominion Post | Wednesday, 11 June 2008

Police who attend suspected domestic violence incidents will have the power to issue “on the spot” safety orders lasting up to three days under tough law changes proposed by the Government.

The safety orders are part of a raft of changes announced by Justice Minister Annette King to the Domestic Violence Act and welcomed by support groups.

The safety orders would last for up to 72 hours and could be issued in circumstances where police suspected domestic violence but did not have enough evidence to make an arrest.

Other proposals include stiffening the penalties for breaching court protection orders, with a maximum penalty of up to two years jail to give judges an “appropriate sentencing range”.

“When you get problems, often deaths, it is when you get breaches of protection orders,” King said.

The courts would also be allowed to consider making protection orders on behalf of victims and access to counselling programmes for both offenders and victims will be improved.

The proposed law changes were currently being drafted and were expected to be put before Parliament within weeks, King said.

Chief Families Commissioner Rajen Prasad welcomed the proposals and said he hoped they would contribute toward a reduction in domestic violence.

“Better enforcement by the police and courts and better access to programmes will improve safety in families and encourage people to seek help to change their abusive behaviour.”

National Network of Stopping Violence national manager Brian Gardner also backed the proposals, particularly the safety orders which he said had worked well in Western Australia.

“It gets the men out of the house and gives them time to cool down and allows the victims to think about what they can do to keep safe.”

Allowing courts to impose protection orders would give financial relief to victims who he said were currently having to pay around $1500 “on a good day” to obtain a protection order, Gardner said.

But the proposals received a scathing response from the National Party, who said the Government was copying its own policies.

“We believe giving police the ability to issue on-the-spot protection orders for suspected victims of domestic violence will be very effective in putting their immediate safety first,” National’s law and order spokesman, Simon Power, said.

Violent crime had risen by 32 per cent under the Labour Government and Power said on-the-spot safety orders were first mooted by National Party leader John Key last November.

“On-the-spot protection orders are a good idea, we believe they will work, and are flattered Labour thinks so as well.”

King said the initiatives pre-dated National’s announcement and were the result of more than a year of research.

“The discussion paper went out in December last year … it had been worked on for months before that.”