Family Violence

Question 1

In terms of the Domestic Violence Act, who is a child?

Answer 1

A person under the age of 17, unless they are or have been married/civil union/de facto relationship

Question 2

In terms of the Domestic Violence Act, who is a minor?

Answer 2

A person who is between 17-19, or a person under 17 who is or has been married/civil union/de facto relationship

Question 3

Under Section 3 of the Domestic Violence Act, what is “violence”?

Answer 3

Physical/sexual/psychological abuse.

Question 4

What is “physical abuse”?

Answer 4

Assault and actual physical harm.

Question 5

What is “sexual abuse”?

Answer 5

Assaults of a sexual nature (Lawrence, take note)

Question 6

What is “psychological abuse”?

Answer 6

Intimidation/harassment/damage to property/threats of physical-sexual-psychological abuse.

Question 7

What constitutes psychological abuse of a child?

Answer 7

Causing or allowing a child to see or hear the sexual/physical/psychological abuse of someone with whom they are in a domestic relationship, or putting or allowing that child at risk of seeing or hearing that abuse.

Question 8

What does section 4 of the Domestic Violence Act state?

Answer 8

The definition of a domestic relationship, specifically that a domestic relationship is where someone is: a partner of the other person, or family member of the other person, or ordinarily shares a household with the other person, or has a close personal relationship with the other person.

Question 9

What does the definition of a domestic relationship in the Domestic Violence Act generally not include?

Answer 9

Landlord-tenant, employer-employee and employee-employee.

Question 10

What is the deciding factor on whether two people are in a close personal relationship?

Answer 10

The amount of time they spend together.

Question 11

What is IPV?

Answer 11

Intimate partner violence.

Question 12

What is the definition of Family Violence?

Answer 12

Violence (physical/sexual/psychological abuse) by a person who is, or has been, in an intimate relationship with, or who is a family member of, the other person.

Question 13

What is a Family Safety Team (FST)?

Answer 13

Multi-agency teams, led by police, who work on complex risk cases of family violence.

Question 14

What is an FVC?

Answer 14

Family Violence Coordinator.

Question 15

What is a PSO?

Answer 15

Police Safety Order.

Question 16

What is a PAR?

Answer 16

A person at risk.

Question 17

Who is a bound person?

Answer 17

A person against whom a PSO has been issued.

Question 18

What is a POI?

Answer 18

A person of interest (NIA Alert)

Question 19

Who can apply for a protection order?

Answer 19

A person who is or was in a domestic relationship with the other person, a representative of a child as above, a representative of a person lacking capacity as above, or a third party on behalf of the victim, AND they have to prove that they have or are likely to be abused.

Question 20

Who can be the respondent (recipient) of a protection order?

Answer 20

A person with whom the applicant is or has been in a domestic relationship with, unless that person is a child (under 17).

Question 21

What are the grounds for a protection order?

Answer 21

Family violence by the respondent or another, AND that the order is necessary for the protection of the applicant or the applicants child (or both).

Question 22

What are the factors the court must consider before refusing to grant a protection order?

Answer 22

The applicant (or a child of the applicants) perception of the seriousness of the behaviour for which the order has been applied, the effect of that behaviour on the applicant (or a child of the applicants family), and if the behaviour seems trivial, whether it nevertheless forms part of a pattern that the applicant/child/family needs protection from.

Question 23

What must the court consider before granting a protection order without notice?

Answer 23

Whether or not a delay in granting that order will or might entail risk of harm to the applicant/child/family.

Question 24

What are some of the standard conditions imposed on protection orders?

Answer 24

Violence, contact, weapons.

Question 25

What is an occupation order?

Answer 25

Gives the applicant and their children the right to personally and exclusively occupy the dwelling house.

Question 26

What is a tenancy order?

Answer 26

Gives the applicant the tenancy of any dwelling house which, at the time the order is made, the other party is either the sole tenant or a tenant holding jointly with the applicant.

Question 27

What is an ancillary furniture order?

Answer 27

Gives the applicant the exclusive possession and use of all furniture/household appliances/household effects in the dwelling house. Court must be satisfied that the applicant and respondent have lived in the dwelling house at the same time and the applicant will be living in the dwelling house when the order is made.

Question 28

What is a furniture order?

Answer 28

The same as an ancillary furniture order, except furniture orders may be applied for when there is a protection order but no occupation or tenancy order, and no furniture order will be granted without notice unless the court has made or makes at the same time, a protection order.

Question 29

What are the 12 F’s:

Answer 29

Fear.
Finances.
Family.
Father.
Faith.
Forgiveness.
Fantasy.
Failure.
Fatigue. 
Friends.
Future. 
Fuel.