Exam 2 prep questions Flashcards
State whether there has been a breach of a Protection Order.
Identify the breach.
Identify whether Police have a power of arrest.
Identify the Act and section.
A husband has punched his wife in the face three times resulting in her nose bleeding. Police attend and discover that a Temporary Protection Order has recently been granted. Attending Police were advised by Comms that the order has not yet been served on the respondent.
No breach of Protection Order because the order has not been served, therefore it is
not in effect.
Husband has committed male assaults female.
You have a power of arrest under section 315 of the Crimes Act 1961 for the assault
offence.
State whether there has been a breach of a Protection Order.
Identify the breach.
Identify whether Police have a power of arrest.
Identify the Act and section.
Police were called to an address where a male was refusing to leave. Police were advised that he was invited to the address by his ex-partner as she wanted to discuss
child care arrangements. They got into an argument and he refused to leave when she asked him to and she called police. She has a final Protection Order and there is proof of
service.
Yes, he breached the P.O when he refused to leave, he remained on the property occupied by the protected person without their consent. S49(1)(a) of the Domestic Violence Act 1995 by doing an act in contravention of a P.O.
A power of arrest does exist. S50 of the Domestic Violence Act 1995 arrest without warrant, any person on G.C.T.S has contravened the P.O or
failed to comply the P.O.
In determining ‘good cause to suspect’ the Police need:
Evidence that a Protection Order exists.
A sound basis for assuming that a breach has occurred.
Sound basis that the respondent was responsible for the breach.
State whether there has been a breach of a Protection Order.
Identify the breach.
Identify whether Police have a power of arrest.
Identify the Act and section.
Police were called to address where a male states that his ex-wife is parked across the street and has been there for a couple of hours. When he left the house to go to the shops she followed him. He advised Police that he is going to go to court to get a P.O
No power of arrest as there is no Protection Order in force.
State whether there has been a breach of a Protection Order.
Identify the breach.
Identify whether Police have a power of arrest.
Identify the Act and section.
Police were called to an address where a male and female live in a de facto relationship. The wife has become upset and has cut up three of her partner’s suits. He wants her arrested. He has a P.O with her named as the respondent.
Yes there is a breach of the P.O S49(1)(a) of the Domestic Violence Act 1995 a person to do any act in contravention of a P.O The P.O is in place to protect the applicant from domestic violence. Domestic violence is:
physical abuse, sexual abuse and psychological abuse.
Damaging property falls under psychological abuse. Therefore the female has breached the P.O by using psychological abuse against the male by cutting up his suits.
S50 of the Domestic Violence Act 1995 gives Police the power to arrest.
State whether there has been a breach of a Protection Order.
Identify the breach.
Identify whether Police have a power of arrest.
Identify the Act and section.
Police were called to Julie’s work place. She has a P.O out against her ex-husband John. She has received three text messages from him. The texts are abusive
and threatening. She has also received a phone call from him on her work phone. He has told her that he is going to make her pay for getting him arrested.
Yes, there is a breach of the P.O. S49(1)(a) of the Domestic Violence Act 1995 a person to do any act in contravention of a P.O. The P.O is in place to protect the applicant from domestic violence. A standard condition of a P.O is a condition against violence. The respondent must not threaten to physically, sexually or psychologically abuse the protected person. John has breached the order by texting
threatening messages. He has also breached a condition of non-contact.
S50 of the Domestic Violence Act 1995 gives Police the power to arrest.
