Domestic Violence Act 1995 Flashcards
Define a domestic relationship?
- Is a partner of the other person
- A family member of the other person
- Ordinarily shares a household with the other pn.
- Has a close personal relationship with the other person
Define a domestic relationship?
- Is a partner of the other person
- A family member of the other person
- Ordinarily shares a household with the other pn.
- Has a close personal relationship with the other person
What is not included in a domestic relationship?
An employer and employee relationship
What is family violence?
Is violence against a person by any other person who is their partner or spouse IPV. This includes:
Physical
Sexual
Psychological
includes property damage, intimidation, or threats of violence
What is a child?
A person who is under the age of 17yrs. Does not include someone who has been/or is married
What is a minor?
A person that has or is married that is under 17
A person who is between 17-19 years old.
With a P.O. who is the the applicant?
Person applying for the P.O.
With a P.O. who is the respondent?
This is the person that the order is against.
The key to the Family Violence Act 1995 is?
Protection orders
Protection orders also can include who?
Children these are the specified persons
How long does a temporary order last?
3 months
What are the standard conditions for a protection order?
- Non violence
- Non contact (where the parties are not living at the same house)
- No weapons
- Other conditions maybe added also
Who can apply for a Protection Order?
- a person who is or who was in a domestic relationship
- The representative of a child on the child’s behalf
- The representative of a person lacking capacity on that person’s behalf
- a third party on behalf of the victim
Who can an application be made against for a protection order be made against?
Another person with whom the applicant has been in a domestic relationship with.
- Can include a respondents associates
What are the grounds for a Protection Order?
- There was domestic violence by the respondent
- The order is necessary for the protection of the applicant or the applicant’s child or both
What is section 50 of the Domestic Violence Act 2012 relate to?
The power to arrest. Where there is a protection order in place any constable can arrest without warrant. Any person who has
s50(a) Contravened the protection order
s50(b) Failed to comply with any condition of the protection order
If the respondent has contravened the protection order what section does this relate to?
This is section 49 there are two categories here they include:
- Any act that contravened the PO
- Failed to comply with conditions of the PO
- Fails to comply with a direction to attend a program.
Is failing to comply with a program an offence that you can arrest for?
No because there is no one in danger
What is a defence for breaching a Protection Order?
There was a good reason for doing so.
Where a respondent has been arrested for breach of a protection order what are the correct bail conditions?
Must not be bailed by the police within 24hrs. They must be brought before the court.
If they are not brought before the court within 24 hours then they can be released on Police bail.
Where a respondent is released on Police Bail after the 24 hour threshold this must be authorised by who?
By a NCO
- Police are able to impose the conditions of bail including curfew provisions to protect the victim
- These conditions cannot interfere with employment
- Reported breaches must be treated seriously and offender kept in custody
- Inform victim of offender’s impending release
What does with notice and no notice mean?
The respondent does not need to be aware at the time that a protection order has been put in place by the court.
When a protection order is active what happens regarding firearms?
The firearms licence is suspended = Temporary Order
When the final order happens after three months then the firearms licence is revoked
