DV

Question 1

What is the meaning of a personal violence Offence under s 4?

Answer 1

A violent offence under the Crimes Act
An offence under s 13 or 14 of the DV act
Any attempt of the above

Question 2

What is the meaning of a Domestic Relationship? - Section 5

Answer 2

Married, de facto, intimate personal relationship, living or has lived in same house, relative or aboriginal

Question 3

Does s 5(2) allow for the protection of a current partner of the PINOP and a former partner?

Answer 3

Yes

Question 4

What is a Domestic Violence Offence - s11

Answer 4

DV offence = PV offence + Domestic Relationship

Question 5

What is a relative? S 6

Answer 5

Grandma, brother, sister, those that are relatives of your de facto or husband.

Question 6

What section is contravene ADVO under?

Answer 6

S 14

Question 7

Is it an offence to contravene an ADVO?

Answer 7

Yes if the person was served. Otherwise it is a statutory defence

Question 8

What section of the act allows the Court to make an ADVO?

Answer 8

S 16

Question 9

What standard must the Court apply under s 16?

Answer 9

They must be satisfied on the balance of probabilities that the protected person has reasonable grounds to fear (objective test) and in fact fears (subjective test) that:
The def will commit a PV on them
Intimidate them.
Can only be conditions 1ABC

Question 10

What does s 22 allow the Court to do for Interim ADVO?

Answer 10

Can make an order if it considers it necessary or appropriate even if the defendant is not there, provided they have been served.

Question 11

What do s 27 and 49 cover?

Answer 11

When police must apply for a provisional ADVO

Question 12

What does s 27 outline?

Answer 12

Police must make an application for a provisional order if they believe or suspect that domestic violence is being/imminent or is likely to be committed. An offence of child abuse. Reluctance of the protected person does not constitute good reason not to make an application.

Question 13

Under section 28A what can a police officer do?

Answer 13

A senior police officer can make a provisional order.

Question 14

Under section 31 how must a provisional order be served?

Answer 14

Personally

Question 15

How long does a provisional order last under s 32?

Answer 15

Remains in force until it is revoked, ceases to have effect of a final order is withdrawn or dismissed.

Question 16

What section allows for a property recover order and who may apply?

Answer 16

S 37 and the PINOP, Police or defendant can. Best practice is for the defendant to apply to the Court directly.

Question 17

What section states that a final order is to made on a finding of guilt?

Answer 17

Under s 39 a final order must be made. This is on a finding of guilt so this still applies to people who do not get a conviction recorded.

Question 18

The legislation states that an interim order must be made on a charge for serious offences whether or not there is an application before the Court what section covers this?

Answer 18

S 40

Question 19

What parties my vary an ADVO under section 72-72D?

Answer 19

FACS, Police or the PINOP. Any interested party.

Question 20

Under section 75 what can happen on a finding of guilt?

Answer 20

A variation can be made to the order.

Question 21

Can and AVO have bail conditions? If so what section of the act?

Answer 21

Yes, under section 83.

Question 22

What part of the act covers AVO conditions? What conditions can be applied for?

Answer 22

Part 8. Behaviour, contact, family law and parenting, place restrictions and other orders.

Question 23

What act covers Domestic Violence Offences?

Answer 23

Crimes (Domestic and Personal Violence) Act 2007