Family Harm

Question 1

PSO general Notes

Answer 1

Reasons for no breach:

• Emergency
• Permitted under any special conditions of a protection Order
• Attend FGC
• Jointly attended Court

Effect on parenting orders:

• Become suspended

When can a safety order not be issued:

• Can not be issued to a child unless 16 years of age or over and justified by special circumstances.

10 Days.

Family Harm after 5 days:

• Serious Harm occurring
• PO being sought
• Victim relocation being sought
• 2 to detain for service commencing when the constable decides to issue one
• 48 hours to serve
• Fails to Remain receives a fine of $500
• Consider Section 18 S&S once served. Submit report within 3 days of power is exercised.
• Contact victim within 24-48 hrs of PSO being served.
• Must bring before court within 24 hrs if arrested/breached
• Release with summons to appear if can not make court within 24 hrs
• 1 month from breach to take them into custody
• May apply for Warrant (if not located within 1 month then matter must go back before that court to seek leave to withdraw it)
• Warrant to arrest normal expires after 10 days but the warrant remains active in court. The warrant must be withdrawn.

Judge may decide:

• Remain with existing PSO
• Write up new PSO
• If the order has expired write up another order
• Temporary Protection Order

Victim must be notified. If they cannot:

• 3 calls within 1 hour
• 4Q at address
• Update NIA

Question 2

PSO 16-17 year olds

Answer 2

• RGTB the order is necessary to keep the victim free from violence
• Level of Concern on SAFVR is high
• Approval from Senior or Above
• Senior has consulted with OT

Question 3

Protection order

Answer 3

• Must surrender firearms ASAP and within 24 hours and on demand made at any time by a constable
• Firearms licence is suspended was order is issued. Revoked once final.
• Non molestation or Non Violence orders. Must notify inspectors or above if they have a firearms licence.
• Police must serve PO if they have a firearms licence or believed to be in control, risk to sever, PO has been granted without notice.