Domestic violence Flashcards
What is a domestic relationship?
It is a relationship where a person is either:
a partner of the other person
a family member of the other person
Ordinarily shares a household with the other person
Has a close personal relationship with the other (girlfriend)
What is family violence?
It is violence against a person by any other person who has been or is a personal relationship with, or is a family member of that person.
What is the definition of a child?
A person who is under the age of 17 years (excludes married)
What is the definition of a minor?
A person under 17 and is or has been married (includes civil union and de facto)
A person who is between 17 and 19 years
Who can apply for a protection order?
A person who is or was in a domestic relationship with another person
The representative of a child on the child’s behalf
The representative of a person lacking capacity on that persons behalf
A third party on behalf of the victim
What are the grounds for a protection order to be made?
A court must be satisfied that there was domestic violence by the respondent or another
The order is necessary for the protection of the applicant or the applicant’s child or both
Explain applications with, and without notice
With notice means that the respondent is aware the protection order is being taken out
Without notice means the respondent is unaware
When does an order without notice (temporary order) become final?
It becomes final after 3 months from the date it was made, unless the respondent notifies the court they have something to say
What are the standard conditions of a protection order?
Non violence
No contact
No weapons
So firearms licences held by the respondent are deemed to be suspended when a temporary order is issued, and revoked when a protection order becomes final.
What is a occupation order?
It entitles applicant to live in the specified owned house without respondent
What is a tenancy order?
Makes applicant sole tenant of a rented house
What is an ancillary furniture order?
Entitles applicant to exclusive possession and use of specified furniture and household effects in the home
What is a furniture order?
Same as ancillary furniture order in a case where no occupation order or tenancy orders have been applied for
What is the offence surrounding protection orders?
It is an offence when there is no reasonable excuse and someone fails to comply with any condition set out by the protection order or does any act that contravenes the protection order. There is power of arrest for this under section 50
What are the bail conditions for someone arrested for a breach of a protection order?
They must not be bailed during the 24 hours immediately following the arrest. If not taken to court within 24 hours they can be bailed by police.
- It must be authorised by NCO
- Can include a curfew
- Conditions must not interfere with their employment
- Victim must be informed of there impending release
