1.5 Family Harm - Protection Orders Flashcards
To become familiar with Protection Orders.
What are the five standard conditions of a Protection Order?
The Respondant must not:
Physically or sexually abuse.
Threaten to physically or sexually abuse.
Damage, or threaten to damage, property
Engage, or threaten to engage, in other behaviour, including intimidation or harassment, which amounts to psychological abuse.
Encourage any person to do the above.
What are the four times Police may be involved in serving a protection order?
The Respondent holds a firearms license.
The Respondent is believed to be in possession or have access to a firearm.
Service is assessed as being a significant risk to the server.
The protection order is granted without notice.
To ensure the safety of victims and Police, what will Police ensure when serving Protection Orders?
Robust information sharing, collaborative risk assessment and safe service delivery practices for protection orders will be developed and implemented in conjunction with courts.
At the time of service, police will demand surrender of all firearms and firearms licences.
staff safety is of paramount importance when determining appropriate methods to seize firearms or firearms licences.
The officer serving a protection order will contact the victim and inform them that service has occurred.
All breaches of protection orders and property related orders will be taken seriously and if there is sufficient evidence, it is expected that in most cases the offender will be arrested and prosecuted for the breach.
What must the Respondent of a Protection Order surrender to Police and when?
Weapons in their possession/control (Lawfully in their control or not)
Firearms license
ASAP when served and within 24 hours. Also on demand from a constable.
Can an Adult not living with an applicant be covered by a protection order?
Adult children not living with the applicant must be identified on the order as a specified person, or apply to the court for an order as a protected person.
Does a Protection Order protect any child of the applicant and does it continue after they turn 17?
Yes, and a child aged 17 years and older (‘an adult child’) remains protected by the order until they leave home.
Who can grant a Protection Order?
Family Court and District Court is circumstances such as a breach of a PSO or upon sentencing for family violence related offending.
A temporary protection order can be issued without an
application being made and without either party having to be present
in court. What must the Judge be convinced of?
The judge must be convinced the victim does not
object. (s124N)
The District Court can also issue a final protection order when sentencing an offender convicted of an offence involving family violence if it is satisfied that the order is necessary for the victim’s protection. What must the Judge be convinced of?
The victim does not object to the order. (s123B
Sentencing Act 2002)
Outline some examples of psychological abuse.
Intimidation
Harassment
Damage to property
Threats of physical abuse, sexual abuse, or psychological abuse
Financial or economic abuse (e.g. denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education)
In relation to a child, includes causing or allowing the child to see or hear the physical, sexual, or psychological abuse of a person with whom the child has a domestic relationship or putting the child at real risk of seeing or hearing that abuse occurring (s3).
When do the non contact conditions of a Protection Order not apply?
Reasonably necessary in an emergency.
Permitted under any order or written agreement regarding contact, care or custody of a minor.
Permitted under any special condition of the protection order.
Necessary for the purposes of attending a family group conference.
Necessary to attend a settlement conference under the Care of Children Act 2004.
What are the standard conditions relating to weapons?
It is a condition of every protection order that the respondent must not:
Possess , or have any weapon (firearm, airgun, pistol, restricted weapon, ammunition or explosive) under their control.
Hold a firearms licence.
When a person served with a Protection Order holds a firearms license what must they do?
The respondent must surrender to Police any weapon in their possession or under their control (whether or not it is lawfully in their possession or under their control) and any firearms licence held by them:
As soon as practicable after the service of the protection order on them (and within 24 hours of the service)
On demand made, at any time, by a constable. (s21(1))
Where a temporary protection order is issued, any firearms licence held by the respondent is deemed to be suspended under s21(2 ).
The licence is deemed to be revoked when an order becomes final.
Police must retain any weapons surrendered to them on the issue of a
protection order for the period of the licence suspension and, except
in circumstances where the weapon may be lawfully retained, return the weapon to the person as soon as practicable after the suspension ceases to be in force (s25).
What happens to Non-molestation orders and Non-violence orders still in effect under the Domestic Protection Act 1982?
They are treated as Protection Orders issued under the
new Act.
What is missing from Non-molestation orders and Non-violence orders that are still in use?
They do not contain the
conditions relating to weapons.
