Chapter 1 - Family Violence Act 2018 Flashcards
In this Act, what constitutes a child?
A child means a person who is under the age of 18 years
What does it mean by “child of the applicant’s family”?
Means a child who at the time ordinarily or periodically resides with the applicant, whether or not-
a) the child is a child of the applicant, the respondent, or both:
b) for protection order, the child -
i) resided ordinarily or periodically with the applicant at the time when the order was made; or
ii) was born only after the time when the order was made
What does a family member, in relation to a person mean?
a) any other person who is or has been related to the person -
i) by blood; or
ii) by or through marriage, a civil union, or a de facto relationship; or
iii) by adoption
b) any other person who is a member of the person’s whanau or other culturally recognised family group
Explain property, in relation to a person?
Means property that the -
a) the person owns; or
b) the person doesn’t own but that -
i) the person uses or enjoys; or
ii) is available for the person’s use or enjoyment; or
iii) is in the person’s care or custody; or
iv) is at the person’s dwellinghouse
What does it mean by protected person, in relation to a protection order?
Means -
a) the person for whose protection the order is made;
b) any child of that person’s family;
c) any person for whose benefit the order applies under a direction made under s87
Explain the meaning of family violence?
In this Act, family violence in relation to a person, means violence inflicted;
a) against that person and
b) by any other person with whom that person is, or has been, in a family relationship
Violence means
a) physical abuse
b) sexual abuse
c) psychological abuse
Includes a pattern of behaviour that are acts of any of the above abuse, or controlling, coercive or causes the person cumulative harm
What is the meaning of family relationship (person A is in a family relationship with person B if A?
a) is a spouse or partner of B; or
b) is a family member of B; or
c) ordinarily shares a household with B; or
d) has a close personal relationship with B
Not regarded if landlord, or tenant, or employer-employee relationship, or if A and B occupy a common dwelling house
What should be used to determine whether a person has a close personal relationship with another person?
a) the nature and intensity of the relationship and in particular
i) the amount of time they spend together
ii) the place/s where that time is spent
iii) the manner in which that time is spent
b) the duration of the relationship
