Family Harm

Question 1

What is a Protection Order?(PO)

What are the requirements for a (PO)?

Answer 1

Protection orders are a civil remedy issued by the Family Court(District). It aims to protect victims of family harm. A protection order becomes final (permanant) after 3 months if not contested.

The respondant has or will inflict family voilence to the applicant.
The making of an order is necessary for protecting the child/applicant.

Question 2

Who can apply for a (PO)?

Answer 2

1. A person who has experienced family violence (applicant).
2. An application can also be made on behalf of an applicant by representative/organisation.
3. A child may also be granted a (PO) under the right conditions.

Question 3

Can a person younger than 16 be a respondant to a (PO)?

Answer 3

• NO

Question 4

Does the court need permission to grant a (PO)?

Answer 4

• No - a court may grant a (PO) without consent if it is likely a delay will lead to family harm.

Question 5

How long does a respondant have to dispute a (PO)?

Answer 5

3 months.

Question 6

What is the Scope of a (PO)?

Answer 6

The protection orders apply for the benefit of a child.

It may also if directed by the court extend to children living at the address, and family members residing with the applicant.

The court may also extend the order to people encouraged to contravene the order by the respondant.

Section 86 & 87 & 89 Family Violence Act 2018.

Question 7

What are the standard conditions to a (PO)?

Answer 7

1. Non-Violence: Engage in any behaviour that amounts to family violence. Ill treatment of pets.
2. Non-Contact: Only authorised contact is allowed. If the respondant and applicant is living in the same house this condition is retracted.
3. Weapons - The respondant must surrender their firearms licence and all weapons in possesion.

Question 8

Where are the powers of arrest for a breach in (PO)?

Answer 8

Section 113 of the Family Violence Act 2018.
If a protection order is in force, a constable may arrest without warrant the constable has “good reason to suspect”:
* Contravened the (PO).
* Failed to comply with (PO).

Good reason means:
* Evidence of Existence of Order.
* Evidence that breach occured.
* Evidence that respondant responsible.

Question 9

What is?

Section 113 Family Violence Act 2018?

Answer 9

• Power to arrest for a breach of Protection Order.
  **GCTS: **
  1. Contravened PO
  2. Failed to comply with PO
  3. Contravened with a term/condition of PO