Family Violence

Question 0

What is family violence?

Answer 0

Violence against a person - by another person - who is / has been in an

INTIMATE RELATIONSHIP

FAMILY MEMBER

Question 1

What is the definition of a domestic relationship?

Answer 1

Partner (Man & Women living together).

Family member (Mum & Son)

Ordinarily shares a household (flatmates).

Close personal relationship (girlfriend / boyfriend / same-sex)

Question 2

What is not included in a domestic relationship?

Answer 2

Employer - employee
Employer - employee
Tenant - landlord

Question 3

What is intimate partner violence (IPV)?

Answer 3

Violence by one person against another person

who is their partner / spouse.

Question 4

What is violence?

Answer 4

Physical
Sexual
Psychological (property damage, intimidation, threats of violence).

Question 5

What is the definition of a child?

Answer 5

Under 17

(If under 17 & married, they are a minor).

Question 6

What is the definition of a minor?

Answer 6

A person who is under 17 and married.

Aged between 17-19.

Question 7

What is a protection order?

Answer 7

Key to the Domestic Violence Act.

The means by which the Act aims to protect victims from domestic violence.

Protection given to specified persons (May include children of the applicant).

Protection order includes a Temporary order (without notice).

When granted, comes with standard conditions.

Question 8

What are applicants and respondents?

Answer 8

Applicant - person applying for the Protection Order.

Respondent - person receiving the protection order (who the order is against).

Question 9

What are the standard conditions of a protection order?

Answer 9

Non violence
Non contact (where parties are not living in same house)
No firearms

Question 10

Who can apply for a protection order?

Answer 10

1) a person in a domestic relationship.
2) representative of a child.
3) representative of a person lacking capacity.
4) third party (on behalf of the victim)

Question 11

Who can the application be made against?

Answer 11

A person who the applicant had been in a domestic relationship with.

Can be made against respondents associates.

Cannot be bought against a child.

Question 12

What are the grounds for granting a protection order?

Answer 12

Court must be satisfied:

1) there was domestic violence.
2) order is necessary for the protection of the applicant / applicants child / both.

Question 13

When can applications be made?

Answer 13

With notice - respondent is aware protection order has been taken out.

Without notice - respondent is not present / unaware application is being made. (Temporary order in first instance).

Question 14

When does an application become final?

Answer 14

After three months - from the date it was made.

Unless respondent notifies court they have something to say / applies under any of the various provisions for variation / discharge.

Question 15

What are firearms held by the respondent deemed to be?

Answer 15

Suspended - when a temporary protection order is issued.

Revoked - when a protection order becomes a final order.

Question 16

What are the powers to seize firearms & licences?

Answer 16

Search & Surveillance Act 2012 - power to seize arms / licence after domestic violence situations.

• where a protection order is in place.
• where there are grounds to make an application for a protection order.
• a police safety order is in place.
  AND
• reasonable grounds to suspect firearms are on the premises.

Question 17

What are the associated orders relating to property?

Answer 17

Occupation order
Tenancy order
Furniture order
Ancillary order

Question 18

What is a Tenancy order?

Answer 18

Makes the applicant the sole tenant of a rented house.

Question 19

What is an Occupation order?

Answer 19

Entitles the applicant (and children) to live in the specified house without the respondent.

Applies to owned homes.

If applicant stays, they keep ancillary furniture.

Question 20

What is an Ancillary furniture order?

Answer 20

Entitles applicant to exclusive possession and use of specified furniture & household effects IN THE HOME.

Question 21

What is a furniture order?

Answer 21

Same as ancillary furniture order - entitled applicant to exclusive possession of furniture - but NO APPLICATIONS FOR TENANCY OCCUPATION HAVE BEEN MADE.

If applicant leaves house, they can take the furniture.

Question 22

How long do you have to wait before you can bail someone who has breached a protection order?

Answer 22

Must not be bailed by police for 24hrs after arrest for a breach of a protection order.

Must be taken to court ASAP

Question 23

If not taken to court in 24hrs…

Answer 23

Can be bailed by police

• must be authorised NCO
• police can impose conditions (curfew)
• conditions must not interfere with employment.
• reported breaches must be treated seriously - offenders kept in custody.
• inform victim of impending release.

Question 24

Offences:

Answer 24

Section 49

Does any act in contravention of the order (s 50).

Fails to comply with any condition (surrender firearms / licence s 50).

Fails to comply with a direction to attend a programme.

Question 25

What is a defence to breaching a protection order?

Answer 25

Defendant proves they had a reasonable excuse for breaching the protection order.

Question 26

Where does the power of arrest come from?

Answer 26

Section 50.

Arrest without warrant any person who has:

Contravened order

Failed to comply with any condition.