Domestic Violence Act 1995 Flashcards
What is the age of a child in DVA95?
A person who is U17. But is or hasn’t been married ect.
What is the age of a minor in DVA95?
A person who is between 17 and 19 years old OR is or has been married act.
What is violence defined as?
- Physical abuse.
- Sexual abuse.
- Psychological abuse.
Who is the respondent in a Protection order?
The offender.
Who is the applicant in a protection order?
- The victim.
- A representative of a child.
- A third party on behalf of the victim.
- The representative of a person lacking capacity on that’s person’s behalf.
How long does a temporary protection order last? What’s it’s purpose?
Three months. To allow time for the respondent to appeal.
What must a respondent do under S.21 of the Domestic Violence act 1995?
Surrender all firearms and license within 24 hours.
What section is your power to arrest in Domestic Violence act 1995? What for?
Section 50.
- Contravened the protection order
- Failed to comply with any condition of the protection order.
If a person is arrested for breaching a protection order, how long must they remain in custody before bail?
24 hours. Unless the judge says otherwise.
What is a PSO?
A police safety order.
Who can authorize a PSO?
A qualified constable. (Sgt or above.)
Who can issue a PSO?
Any constable.
Who is the bound person in a PSO?
The person who the PSO was issued to.
When should you issue a PSO?
When you BELIEVE it is necessary to take action to ensure the safety of the person at risk.
Do you need the victims permission to issue a PSO?
No, you don’t.
How long can you detain someone you intend to issue a PSO to? Where can you detain them?
2 hours, at the address you found them, or at the police station.
How long can a PSO remain in force for?
5 days total.
How long does an officer have to issue a PSO?
48 hours max.
What MUST you do when serving an order?
Tell both the offender and victim:
- Purpose of the order.
- Effect of the order.
- Duration of the order.
- Consequences of contravening the order.
What happens if the person a PSO is issued against, fail or refuse to comply with the order or any condition of the order?
It’s not an offense therefore you can’t arrest them. However you can detain them and take them into custody and bring them before court.
What situations are considered a Domestic relationship?
- Partners.
- Family members.
- People who share a household.
- Same-sex relationships.
- Close personal relationships (But not employee/employer or tenant/landlord relationships.)
