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CPK - Inspectors > FAMILY HARM: Protection Orders > Flashcards

FAMILY HARM: Protection Orders Flashcards

1
Q

Protection Orders.

Policy Statement and Principals:

Police may be involved in serving PO’s and must served them when specific circumstances exist. What are those? (4)

A
  1. Respondent holds a F/A licence.
  2. Respondent believed to be in possession or have access to a F/A (whether or not they have a licence).
  3. Service is assessed as being a significant risk to the server
  4. P.O. is granted w/o notice.
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2
Q

Protection Orders.

Policy Statement and Principals:

Police service of P.O offer what opportunities? (3)

A
  1. Crime Prevention
  2. Victim focus
  3. Give respondent a clear message re accountability/breach
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3
Q

Protection Orders.

Policy Statement and Principals:

To ensure safety of victims and police, serving of P.O. must be afforded priority and carried out w/o delay. What must police ensure? (5)

A
  1. Robust information sharing, collaborative risk assessment and safe service practices will be developed and implemented in conjunction with the Courts.
  2. At service, police will demand surrender of all F/A and F/A licences.
  3. Staff safety is paramount when determining methods to seize F/A and F/A licenses.
  4. Officer serving the P.O. will notify the Victim of its service.
  5. All breaches of P.O. and related property orders are taken seriously and if sufficient evidence, it is expected in most cases the offender will be arrested/prosecuted for the breach.
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4
Q

Protection Orders.

About a P.O:

What is the purpose of a P.O?

A

Affords protection to the applicant and any child of the applicant’s family.

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5
Q

Protection Orders.

About a P.O.

A young person aged 18 yrs and older (referred to as an adult child in this Act) can be protected by a P.O. until when? (2)

A
  1. When they leave home OR
  2. The order is discharged.
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6
Q

Protection Orders.

About a P.O:.

When can an Adult Child not living at home with the Applicant be protected by P.O?

A

Adult children must be identified on the P.O. as a specified person OR Apply to the Court for an Order as a Protected Person.

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7
Q

Protection Orders.

About a P.O.

An order may also be stated to specifically provide protection to a particular person the applicant has what with?

A

A family relationship with as defined in s12 FV Act 2018.

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8
Q

Protection Orders.

About a P.O.

  1. When can applicants (including parents) take out a P.O. against a child or young person?
  2. What Act should violent children or young persons be dealt with?
A
  1. The child is aged 16 years or over AND The Order is justified by special circumstances under s64 FV Act 2018.
  2. Oranga Tamariki Act 1989.
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9
Q

Protection Orders.

Who issues P.O.

Protection Orders are a civil remedy issued by the Family Court. Who can discharge a P.O?

A

ONLY the Court - s109.

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10
Q

Protection Orders.

Who issues P.O.

Can a foreign court P.O. be valid in NZ?

A

Yes - they must be registered in NZ.

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11
Q

Protection Orders.

Who issues P.O.

When can a District Court issue a P.O and what must the Judge be convinced of to be able to issue a P.O?

A

DC can issue P.O. that has the same effect as those created by the Family Court. Example: - If a Court is satisfied that a person has refused or failed to comply with a PSO - A TPO can be issued w/o an application being made and w/o either party being present in Court. BUT The Judge must be convinced that the Victim does not object.

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12
Q

Protection Orders.

Who issues P.O:

When can a DC issue a final protection order and what must be in effect for the FPO to be issued? (2)

A

s123B Sentencing Act 2002

  1. When sentencing an offender convicted of a FV offence if the DC is satisfied that the order is necessary for the victims protection AND
  2. The victim does not object.
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13
Q

Protection Orders.

Standard Conditions.

From 1st July 2019 all P.O. including ones granted before that date will have additional standard conditions and changes to the meaning of terms used in the order pursuant to changes introduced by the FV Act 2018 including what? (4)

A
  1. Consent to contact.
  2. Stopping contact.
  3. Variations to orders relating to property.
  4. New definitions of:
  • FV
  • Abuse
  • Psychological Abuse
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14
Q

Protection Orders.

Standard Conditions.

From 1st July 2019 all P.O. including ones granted before that date will have additional standard conditions and changes to the meaning of terms used in the order pursuant to changes introduced by the FV Act 2018. As a result what will Respondents need to do? (1)

A

Follow the additional and varied conditions.

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15
Q

Protection Orders.

Standard Conditions.

As a result of the changes under FV Act 2018, Non-violence orders issued under the Domestic Protection Act 1982 and P.O. issued under the DV Act 1995 will remain in force under what Act and treated how?

A

FV Act 2018. Treated as P.O. under this Act.

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16
Q

Protection Orders.

Standard Conditions.

Retrospective P.O. conditions will require staff to be what? (3)

A

Cognisant of:

  1. The application
  2. Enforcement of additional conditions
  3. The expansion of terms used within the orders.
17
Q

Protection Orders.

Standard Conditions.

Non-violence conditions: It is a condition of every P.O. that the respondent must not? (3)

A
  1. Engage in behaviour that amounts to any form of FV against the PP.
  2. Make any contact with PP (not authorised)
  3. Encourage any person to engage in behaviour against PP OR make contact with a PP WHERE The behaviour, if engaged in or made by the respondent would be prohibited under this order.
18
Q

Protection Orders.

Standard Conditions:

From the 1st July 2019, the definition of FV has been widened to include? (6)

A
  1. Ill-treating a house pet or other animal that is important to someone or their family.
  2. Harassing behaviour
  3. Disrupting the care of someone who needs it because of their age, disability or health condition.
  4. The definition includes: One act or several acts that form pattern of behaviour (minor or trivial)
  5. Coercion or controlling behaviour.
  6. Dowry-related abuse.
19
Q

Protection Orders.

Standard Conditions.

Non-contact conditions: How many times can the PP suspend or reinstate the standard no-contact conditions as a result of the respondent’s behaviour?

A

Any number of times.

20
Q

Protection Orders.

Standard Conditions:

When is contact not a breach in the non-contact conditions? (5)

A
  1. Emergency.
  2. Permitted under order/written agreement regarding contact, care or custody of a child or young person.
  3. Under special condition of P.O.
  4. FGC.
  5. Proceeding before Court.
21
Q

Protection Orders.

Standard Conditions.

Consent to contact: If a PP wants to have contact with the respondent, they must what?

A

Give written consent via:

  • email
  • letter
  • text
  • other digital message.
22
Q

Protection Orders.

Standard Conditions.

How can the PP change their mind and stop contact with the Respondent?

A

Can withdraw consent at any time by telling them (no need to be in writing)

23
Q

Protection Orders.

Standard Conditions.

Assessment of non-violence programmes/prescribed services:

  1. The Court must direct the Respondent to do what?
  2. If the Respondent does not attend without good reason, what is the consequence?
A
  1. To undertake an assessment for non-violence programme/prescribed service and to attend unless there is good reason.
  2. It is an offence to non comply 6 months imprisonment/$5000 fine.
24
Q

Protection Orders.

Standard Conditions.

Conditions relating to weapons:

It is a condition of every P.O. that the respondent must not possess and hold what? (2)

A
  1. Possess OR have any weapon (F/A, airgun, pistol, Restricted weapon, ammunition or explosive) under their control.
  2. Hold a F/A licence.
25
Q

Protection Orders.

Standard Conditions.

Conditions relating to weapons:

The respondent must surrender to Police any weapon in their possession or under their control (whether lawful or not) and any F/A license held by them when? (2)

A
  1. ASA practicable after the P.O. is served on them (within 24hrs of service)
  2. On demand made, at any time, by a constable.
26
Q

Protection Orders.

Standard Conditions.

Conditions relating to weapons:

Whats happens to the status of a F/A license if a TPO is issued or a FPO is issued?

A
  • TPO - Suspended.
  • FPO - Revoked.

CPK - Inspectors (33 decks)

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