DV/AVO Lecture

Question 1

What is a DV Offence?

Answer 1

Section 11: means a PV offence (s4) committed against another person who they have a domestic relationship (s5).

Question 2

What is a Personal Violence Offence?

Answer 2

• refers to numerous sections from Crimes Act and Crimes (DV).
• Refers to other sections under the Crimes Act where the serious indictable offence or indictable offence is a personal violence offence

Question 3

What is a DV Relationship?

Answer 3

Section 5:

• married or was
• De Facto
• has had an intimidate personal relationship (whether or not the intimidate relationship involves or has has involved a relationship of a sexual nature
• household
• long term resident in the same residential facility as the other person and at the same time.
• relationship involving his or her dependence on the ongoing paid or unpaid care of the other person
• a relative
• ABTSI kinship

Question 4

What is the meaning of a relative?

Answer 4

Section 6:

Question 5

Urgent and Non-Urgent Provisional Orders (Part 7)

Answer 5

Section 49: When police MUST apply for a non-urgent application
Section 27: When police MUST apply for an urgent Provisional Order

Difference: AND the officer has good reason to believe an order needs to be made immediately to ensure the safety and protection of the PP or to prevent substantial damage of Property of PP

Question 6

Section 28A: Making of provisional order by senior police officer

Answer 6

Senior officer must turn their mind to the grounds of the application:

• satisfied that there are reasonable grounds for doing o
• must not be the applicant
• the PO must contain address or fax number of PAC.

Question 7

A PO remains in force until:

Answer 7

Section 32:

• it is revoked
• ceases to have effect (a IO or FO is made) and served on DEF
• Application for FO is withdrawn or dismissed

Question 8

What does section 22 mean?

Answer 8

Section 22: a court may make an IO if it appears to the court that it is necessary or appropriate to do so
- Can be granted whether the DEF is there or not or if the DEF has been given notice or not.
- Once an IO is made, matter adj for DEF to be notified and respond
Section 23: A registrar can make an IO by consent.
Section 24: An IO is not enforceable until served

Question 9

Section 40

Answer 9

When an IO MUST be made on charge of certain offences:
When a person is before the court CHARGED WITH A SERIOUS OFFENCE the court MUST make an IO against the DEF.
- This must be done whether or not an application has been made or not.
- A Serious Offence includes a DV offence

Question 10

What does section 16 mean?

Answer 10

Section 16: A court may make an ADVO or PVO if satisfied on the balance of probabilities that the PP has reasonable grounds to fear and in fact fears:

• A DV offence
• Intimidation
• or if it the court’s opinion that the conduct is sufficient to warrant an AVO

Question 11

When are the PINOP’s fear not required?

Answer 11

Section 16 (2):
It is not necessary for the court to be satisfied that the person whose protection the order is for in fact fears that such an offence will be committed, if:
- person is a child
- person in court opinion suffers an appreciably below average general intelligence function
- the person has been subjected on more than occasion to conduct by the defendant amounting to a PV
- there is a reasonable likliehood that the def my commit a PV offence
- making the order is necessary to protect

Question 12

Section 39:

Answer 12

Final Order to be made on guilty plea or guilt finding for serious offence.
A FO MUST be made on a finding of guilt for a serious offence
When guilty for a offence under s13 or a DV offence the court MUST make an AVO for the protection of the PP whether or not an AVO was made or not.

Question 13

Application to variation or revocation of order

Answer 13

Section 72-72D:
Interested party can make application. Interested Party is a PP, guardian of PP, each parent of PP, FACS, Defendant.
Even if it is only a Child lasted as PP
For an Interested Party to apply for chid, there must be significant change in circumstances and in the interests of justice.

Question 14

Section 75

Answer 14

Variation may be made on guilty plea or guilt finding for certain offences.
For Prosecutors, they conference PP and vary order by
- increasing the duration of order
- strengthen the conditions
- adding children
Can be done verbally AND usually for Breach AVO offences once proven

Question 15

Offences of contravening AVO

Answer 15

Section 14:
A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence

Question 16

Section 39/40/75

Answer 16

Section 39: Final order to be made on guilty plea or guilt finding for serious offence
Section 40: An IO MUST be made on charge of certain offences
Section 75: Variation may be made on guilty plea or guilt finding for certain offences (breach AVO)