Family Harm 🍳 Flashcards
When serving a PSO what must be explained to the bound person?
- Explain the purpose of the order
- Explain the effect of the order
- Explain how long the order is for
- Explain the consequences of breaching the order
In what timeframe must a PSO be served & what happens to the PSO if it isn’t served in time?
A PSO must be served within 48 hours. If it is not served within 48 hours the PSO lapses and another must be created
What is the maximum length of a PSO?
10 days
What considerations do the court have to make before refusing to grant a protection order?
- The applicants perception of the nature & seriousness of the behaviour
- The effect of that behaviour on the applicant & their family
- If the applicants behaviour seems trivial or minor
If an applicant for a protection order is a child or young person they can only apply if…
- They are 16 years or older
- They have an approved representative
- It has been authorised by the court
(Not including C/YP) Who can apply for a protection order?
- A person who is or has been in a family relationship
- A representative of a person who lacks the capacity to apply themselves
- A representative or approved organisation on behalf of an applicant
What are the 4 ways to get a protection order?
- With notice (both parties go to court)
- Without notice (respondent not present)
- Upon sentencing (temporary / final)
- After a PSO breach
In relation to a PSO who is considered the “bound person”?
The person who the PSO is issued against
What is the purpose of Section 23 (Bail Act 2000)
The person arrested for breaching a protection order must be held for 24 hours before being released on bail (“cooling period”)
How long is a protection order considered temporary before if becomes final?
3 months
What are the standard protection order conditions the courts can impose?
- No acts of violence
- No contact
- No weapons
Which courts can issue a protection order?
Family court & district court
Do police need the consent of the person at risk to issue a PSO? Why is this a good thing for the person at risk?
No. This is to avoid involving the person at risk & remove any blame
What must a constable do when detaining a person to issue a PSO?
- Give caution rights
- Not hold them any longer than 2 hours
- Obtain authorisation to allow the issuing of a PSO
- Issue the PSO
- Serve the PSO
Who can issue a PSO & who authorises it?
Any constable can issue a PSO. It must be authorised by a rank sergeant or higher
What is the purpose of Section 113 (a & b)
The powers to arrest when there is “Good cause to suspect” that the protection order has been breached
What is the purpose of Section 112(1)(a) (Family Violence Act 2018)
Doing anything to breach the protection order
Penalty is 3 years imprisonment
What is the purpose of Section 112(1)(b) (Family Violence Act 2018)
Failing to comply with any conditions of the protection order
Penalty is 3 year’s imprisonment
