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PEP 53 > DV > Flashcards

DV Flashcards

1
Q

S5 (2) C9DPV) Act 2007

A

Further relationships - Current partner + former partner are in a relationship etc

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2
Q

S11

A

Domestic Violence Offence

Personal Violence Offence (S4) committed against someone whom in a relationship with (S5)

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3
Q

S39?

A

Final order to be made on guilty plea or finding of guilt for serious offences.

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4
Q

S23

A

Interim Order made by registrar with consent

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5
Q

S31

A

Provisional Order Service
Personally
By Police
As soon as practicable after made.

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6
Q

S49 (3)

A

When an application need not be made

  • AVO already in force
  • Application already been made
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7
Q

S72 - Definition of Application?

A

An application to vary or revoke an order

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8
Q

S72 Definition of Interested Party

A

Protected person, PP parents, PP guardian, FACS if PP is child, Defendant

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9
Q

Contravene AVO defences

A
  • Wasn’t served or in court
  • In process of complying with APRO.
  • Contravention necessary to attend mediation.
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10
Q

S13

A

Stalk + Intimidate w intent to cause fear of Mental or Physical Harm.

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11
Q

S13, how to prove intent?

A

If defendant knows the behaviour likely to cause fear .

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12
Q

S13, does victim have to actually experience fear?

A

No.

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13
Q

S14?

A

Knowingly Contravene AVO

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14
Q

S14, what must be proved?

A

Knowingly

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15
Q

S6?

A

Relatives

Mum, Dad, In-laws, Steps, Grandma Grandpa
Son, Daughter, In laws, Steps
Brother, sister, in laws, steps.
Aunt, Uncle, In laws
Nephew, neice,
cousin
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16
Q

S32?

A

Duration provisional order remains in force

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17
Q

Under 32, 3 ways AVO can end?

A
  • Revoked
  • Final order made, and Defendant served or at court
  • Proceedings relating to final order are withdrawn or dismissed.
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18
Q

S37?

A

Ancillary Property Recovery Orders

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19
Q

72C?

A

Police must be served with notice of application (vary or revoke) made in POLICE INITIATED order.

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20
Q

S16 (2)

A

Fears not required for an ADVO when;

  • PP under 16
  • Below average intelligence
  • Subjected to personal violence offence and likely to occur again, and order necessary in circumstance to protect from further violence.
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21
Q

S16 (1), AVO heard on Balance probs or beyond reasonable doubt?

A

Balance of probabilities

22
Q

S16 (1)

A

Court May make ADVO
If satisfied on Balance of probs
- PP has reasonable grounds to fear (objective) and in fact feares (subjective)
- Def wil commit perosnal violence offence against them
- Intimidate or stalk them
- Court opinion that conduct sufficient to warrant AVO>

23
Q

S16 (1), what two tests relate to fear when determining AVO?

A

Subjective and objective

24
Q

S16 (1), Court must be satisfied fears against what offences before grant AVO?

A 
Personal Violence Offence (S4)
Stalk Intimidate (s13)
25
Q

S4?

A

Personal Violence Offence
Violent offence under Crimes Act
Offence under S13 (Stalk Intimidate) + S14 9 Contravene AVO)
- Attempt to commit one of the above

26
Q

S4, does the offence have to be committed or can an attempt personal violence offence constitute the offence?

A

An attempt constitutes.

27
Q

S13, What does intimidation include?

A

conduct amounting to harassment + molestation, causing reasonable apprehension of injury.

28
Q

Can we accept undertakings?

A

No

29
Q

How do we withdraw an AVO?

A

Must comply with SOPS.

30
Q

S83?

A

Bail ACt 2013 applies if application for final AVO or interim order made.

31
Q

S72D

A

Court may notify Police and interest parties if application is made and PP is a child if court believes in best interest of child to do so.

32
Q

S49

A

Application for AVO must be made if invest Police suspects or believes;
- DV offence
- Young person/Child abuse
is occurring, has occurred, is likely or imminent.
- Proceedings for above offences have commenced.

33
Q

72B (1)

A

Police initiated order, if PP is child, interested party must seek leave of court to make application.

34
Q

72B (2)

A

Court may grant leave if;

  • SIGNIFICANT change circumstance
  • Application from FACS because care plan clashes with order
35
Q

When won’t court grant interested party leave to make application in order where child is PP under s72B?

A

If will increase risk of harm to child.

36
Q

72A

A

Making of Application

Application may be made to court at ANY TIME.

37
Q

72A, who can make application?

A

Police or interested party

38
Q

72A, What must be set out when making application?

A

Grounds for which app is made or nature of variation.

39
Q

S40?

A

Interim order must be made for serious offence

40
Q

S75?

A

Variation may be made to final or interim order on plea guilty or finding of guilt.

41
Q

What variations should we seek under S75?

A
  • Add children
  • Increase duration
  • Strengthen conditions
42
Q

S22?

A

Court may make interim orders

43
Q

S22, what two conditions must court satisfy to make interim orders?

A

If deem necessary and appropriate

44
Q

What does 22 say about defendants presence?

A

Doesn’t have to be there for interim order creation, doesn’t even have to be notified of proceedings.

45
Q

What evidence can be admitted when court deciding on interim order under 22?

A

Affidavit of evidence or Police Statement

46
Q

S5?

A 
Relationships.
Is/Was
Married
Defacto
Intimate personal
Living together
Shared long term residential facility
Carer, paid/unpaid
Relative
Aboriginal Kin
47
Q

Scenario Question:

You are in Court and there is a personal charged with Malicious Damage. You look at the papers and notice that the Accused is the uncle of the Victim and there is no application before the Court. What would you do?

Cite the Section(s) you rely on

A

As per Section 11 of the C(D&PV)Act, the matter is defined as a Domestic Violence Offence because the persons are in a domestic relationship (Relatives under Section 6) and there is a personal violence offence, being the malicious damage.

In this scenario, the Police officer should have made an application for a provisional order, under either Section 27 or 49 as the legislation states that they must, however, if the application has not been made, the Court may make that Interim Order (under Section 40) whether or not there is an application before it.

48
Q

Can an expired AVO be revoked?

A

No

49
Q

Can AVOs have bail conditions?

A

Yes, S83.

50
Q

Is there an offence for contravening an Ancilliary Property Recovery Order?

A

Yes.

Section 37(3) of the Act:

(6) A person must not, without reasonable excuse, contravene a property recovery order or obstruct a person who is attempting to comply with a property recovery order.
Maximum penalty: 50 penalty units.

51
Q

S27?

A

Application for AVO must be made if;
- Police Officer suspects or believes that;
A DV Offence or offence against S13 has, is, likely, imminent.
- Child young person abuse offence
Proccedings commenced for above offences.

PEP 53 (41 decks)

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