Family harm

Question 1

What is a PSO?

Answer 1

Public Safety Order
- issued and served by police at family harm incidents when neither party will leave, officer believes harm may restart and there is insufficient evidence for police.
- can be issued from 24 hours to 10 days.

Question 2

What are people called under PSO?

Answer 2

Person at risk= person names in the order and their kids
Bound person= person against whom order is issued

Question 3

How long do police have to serve PSO once issued? Can they detain?

Answer 3

48 hours.

Can detain for 2 hours under section 32(1) of Family Violence Act 2018 (must be given caution rights)

Question 4

What happens if a PSO is breached?

Answer 4

Police take into custody (read rights), and be brought to court within 24 hours. If closed (sunday) release and serve summons.

If absconded, have a month to bring into custody.

Question 5

What is section 18 of Search and Surveillance Act 2012?

Answer 5

Police have power under reasonable grounds to search for arms when issuing PSO or PO if suspect they carry arms.

Question 6

What is a PO?

Answer 6

Protection order

Issued by court, served by police. Protects victims of family harm:
Standard conditions:
- non violence
- non contact (give victim power to ask to leave)
- surrender weapons
+ specific conditions to suit circumstances

Question 7

How long is a PO temporary without notice?

Answer 7

3 months. Then made permanent unless respondent wants temporary order or applies for variation/ discharge

Question 8

When can a PO be made?

Answer 8

• Without notice
• With notice where both parties go to court
• Apon sentencing or after PSO breach

Question 9

What happens if a PO is breached?

Answer 9

• Liable for imprisonment (power to arrest under S113 Family Violence Act 2018)
• under good cause to suspect breach