Domestic Violence PSO, PO, Parties and attempts and behavioural offences Flashcards
4 factors that define a domestic relationship
1 - is a partner of the other person
2- is a family member of the other person
3- ordinarily shares a house with the other person
4- close personal relationship with the other person
What 4 people can make an application for a protection order
1- person who was or is in a domestic relationship wi the other person
2- representative of a child on the child’s behalf
3- representative of a person lacking capacity
4- a third party on behalf of the victim
Conditions contained in a PSO
The respondent must not
Violence
Physically, sexually or psychologically abuse the protected person or threaten to
Damage or threaten to damage property
Encourage any person to do the above
Contact
If not living together no contact
Watch, loiter near or prevent or hinder access
Follow, stop or accost them
Enter or remain on property occupied by the protected person
Make any contact with them
Weapons
Respondent must surrender firearms and firearms licence within 24 hours of receiving PO.
Who can issue a PSO
Any constable authorised by a Sergeant or above.
4 options when dealing with a FV incident
No further action
Issue a warning
Issue a PSO
Arrest
How long can someone be detained and what is the purpose in relation to a PSO
2 hours
To seek authorisation
Issue the order
Serve the order
4 things that must be explained when serving a PSO
Purpose of the order
Effect it the order
Duration of the order
Consequences of contravening an PSO
What happens if someone contravenes a PSO
There is no offence for contravening. Person can be taken into custody without a warrant to be bought before the court.
Court actions for a breach of PSO
Release with no further action
Direct police to issue another PSO
Issue a temporary Protection order
If someone has a PO or a PSO what can you do in regard to firearms
Search person
Search anything in their possession or control
Enter place or vehicle to search
Seize and detain arms and firearm licence
4 ways to become a party to an offence
Committing the offence
Does or omits an act to AID any person to commit the offence
Abets
Incites, counsels or procures
4 offences for behavioural offences
Fighting in a public place
Disorderly behaviour likely to cause violence
Offensive OR Disorderly behaviour
Excreting in a public place