Family Harm : FH Flashcards
Protection Orders, Applicant?
Person applying for Protection Order.
- Victim (Person in family relationship)
- Representative on behalf
- Representative, approved organisation i.e. Women’s Refuge
- Children, under 16 in special conditions.
Protection Orders, Respondent?
Person, normally in a family relationship that the PO application has been sought against
Standard conditions of a Protection Order? Respondent must not…
- commit any Violence or threats, or get someone else to.
- have Contact.
- have any Weapons or licences for firearms.
If Temporary Protection Order is not challenged within ____ it then becomes a final Protection Order
3 months.
Special bail requirements after arrest of breach of PO?
- No release on bail within 24hrs (unless court sees them with 24hrs and gives bail)
- Police bail - after 24hrs but with conditions.
- Inform Protected Person of offender on bail and conditions.
Offences against a Protection Order that give you Power of Arrest, s113, FVA 2018.
Good cause to suspect:
s113(a) - contravened the PO
s113(b) - failed to comply with any conditions of PO
Grounds for Protection Order or one in place, what Act and section can you use to search & seize weapons?
Search and Surveillance Act 2012, s18 - Search & Seizure of arms and firearms licence.
Who can issue a PSO?
Any constable authorised by a ‘qualified constable’ (Sgt or above).
Purpose of issuing a Police Safety Order (PSO)?
To ensure family harm doesn’t continue or restart after you leave, and you don’t have enough evidence to arrest.
Standard Condition of a PSO for respondent?
Must
- vacate land/building
- Suspension firearms licence
- must not engage in any form of family violence/damage to property
- no unauthorised contact
- Encourage anyone else to contact or conduct behaviour that amounts to family violence
Maximum PSO duration?
10 days. (consider starting at 24hrs, increase considering other factors such as History, Circumstances, Hardship, Ending at a appropriate time)
Issuing PSO, is consent required by Person at Risk?
No.
Not getting consent can aviod the Person at Risk not being blamed.
Time duration you have to serve a PSO?
Immediately or within 48hrs.
If not the order will lapse and have to be redone.
Info provided to ‘Bound person’ & ‘Person at Risk’ when PSO served?
- Purpose of PSO
- Effect of PSO
- Duration of PSO
- Consequences of contravening order
Bound Person? (PSO)
Person who the PSO is being served to. Offender.
