DV Flashcards
What is the meaning of a personal violence Offence under s 4?
A violent offence under the Crimes Act
An offence under s 13 or 14 of the DV act
Any attempt of the above
What is the meaning of a Domestic Relationship? - Section 5
Married, de facto, intimate personal relationship, living or has lived in same house, relative or aboriginal
Does s 5(2) allow for the protection of a current partner of the PINOP and a former partner?
Yes
What is a Domestic Violence Offence - s11
DV offence = PV offence + Domestic Relationship
What is a relative? S 6
Grandma, brother, sister, those that are relatives of your de facto or husband.
What section is contravene ADVO under?
S 14
Is it an offence to contravene an ADVO?
Yes if the person was served. Otherwise it is a statutory defence
What section of the act allows the Court to make an ADVO?
S 16
What standard must the Court apply under s 16?
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
What does s 22 allow the Court to do for Interim ADVO?
Can make an order if it considers it necessary or appropriate even if the defendant is not there, provided they have been served.
What do s 27 and 49 cover?
When police must apply for a provisional ADVO
What does s 27 outline?
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.
Under section 28A what can a police officer do?
A senior police officer can make a provisional order.
Under section 31 how must a provisional order be served?
Personally
How long does a provisional order last under s 32?
Remains in force until it is revoked, ceases to have effect of a final order is withdrawn or dismissed.
What section allows for a property recover order and who may apply?
S 37 and the PINOP, Police or defendant can. Best practice is for the defendant to apply to the Court directly.
What section states that a final order is to made on a finding of guilt?
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.
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?
S 40
What parties my vary an ADVO under section 72-72D?
FACS, Police or the PINOP. Any interested party.
Under section 75 what can happen on a finding of guilt?
A variation can be made to the order.
Can and AVO have bail conditions? If so what section of the act?
Yes, under section 83.
What part of the act covers AVO conditions? What conditions can be applied for?
Part 8. Behaviour, contact, family law and parenting, place restrictions and other orders.
What act covers Domestic Violence Offences?
Crimes (Domestic and Personal Violence) Act 2007
