Chapter 1 Family Violence

Question 1

What does section 8 refer to?

Answer 1

Interpretations from the Family Violence Act 2018

Question 2

What is the interpretation of CHILD under section 8

Answer 2

Child means a person under the age of 18.

Question 3

What does child of the applicants family mean under section 8?

Answer 3

A child who at the time ordinarily or periodically resides with the applicant.

Question 4

What does dwellinghouse mean under section 8?

Answer 4

Any flat or town house, any mobile home, caravan or any other means of shelter placed upon land and intended for occupation of that land.

Question 5

What does family member mean under section 8?

Answer 5

Any person related by blood, or through marriage, civil union or de facto relations or by adoption.

Question 6

What does partner mean under section 8?

Answer 6

Civically union partner, de facto partner, common biological partner

Question 7

What does property mean under section 8?

Answer 7

Anything the person owns or the person does not own but:
• uses or enjoys
• is available for the persons use or enjoyment
• in the care or custody
• is at the persons dwelling

Question 8

What does protected person mean under section 8?

Answer 8

The person for whose protection the order is made.
Any child of that person.
Any person for whose benefit the order applies under a direction under section 87

Question 9

What does protection order mean under section 8?

Answer 9

An order or a temporary order made under section 79.

Question 10

What is section 9?

Answer 10

Meaning of Family Violence

Question 11

What is family violence in relation to a person?

Answer 11

Violence inflicted against that person by any other person with whom that person is or has been in a family relationship.

Question 12

What does violence mean under section 9?

Answer 12

All or any physical abuse, sexual abuse, psychological abuse.

Question 13

What does section 12 refer to?

Answer 13

The meaning of a family relationship

Question 14

When is a person in a family relationship under section 12?

Answer 14

A person is in a family relationship if that person: 
A: is a spouse or partner 
B: is a family member
C: ordinarily shares a household
D: has a close personal relationship

Question 15

What does section 13 refer to?

Answer 15

Meaning of sharing household

Question 16

When is a person not regarded as sharing a household under section 13?

Answer 16

When there is a landlord tenant relationship, or an employer employee relationship or a employee employee relationship.

Question 17

What does section 14 refer to?

Answer 17

What is a close personal relationship.

Question 18

When is a person not regarded as having a close personal relationship under section 14?

Answer 18

If it is a employer employee relationship or employee employee relationship or care carer relationship.

Question 19

What does section 26 refer to?

Answer 19

The issuing of a PSO agains a person to help make another person safe from family violence.

Question 20

Who is a qualified constable under section 27?

Answer 20

A constable either of or above Sergeant

Question 21

What does section 32 refer to?

Answer 21

The detention for issuing and serving a safety order. A person can be detained for up to 2 hours, is the refuse or fail to remain they are committing an offence and may be arrested.

Question 22

What does section 43 refer to?

Answer 22

Someone who refused or fails to comply with a PSO can be arrested and held in custody but must be brought before the court within 24 hours.

Question 23

What does section 44 refer to?

Answer 23

A person who can not be brought before court with 24 hours after an arrest must be released and summoned for a later date.