Family Violence Flashcards
What is family violence?
Violence against a person - by another person - who is / has been in an
INTIMATE RELATIONSHIP
FAMILY MEMBER
What is the definition of a domestic relationship?
Partner (Man & Women living together).
Family member (Mum & Son)
Ordinarily shares a household (flatmates).
Close personal relationship (girlfriend / boyfriend / same-sex)
What is not included in a domestic relationship?
Employer - employee
Employer - employee
Tenant - landlord
What is intimate partner violence (IPV)?
Violence by one person against another person
who is their partner / spouse.
What is violence?
Physical
Sexual
Psychological (property damage, intimidation, threats of violence).
What is the definition of a child?
Under 17
(If under 17 & married, they are a minor).
What is the definition of a minor?
A person who is under 17 and married.
Aged between 17-19.
What is a protection order?
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.
What are applicants and respondents?
Applicant - person applying for the Protection Order.
Respondent - person receiving the protection order (who the order is against).
What are the standard conditions of a protection order?
Non violence
Non contact (where parties are not living in same house)
No firearms
Who can apply for a protection order?
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)
Who can the application be made against?
A person who the applicant had been in a domestic relationship with.
Can be made against respondents associates.
Cannot be bought against a child.
What are the grounds for granting a protection order?
Court must be satisfied:
1) there was domestic violence.
2) order is necessary for the protection of the applicant / applicants child / both.
When can applications be made?
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).
When does an application become final?
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.
What are firearms held by the respondent deemed to be?
Suspended - when a temporary protection order is issued.
Revoked - when a protection order becomes a final order.
What are the powers to seize firearms & licences?
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.
What are the associated orders relating to property?
Occupation order
Tenancy order
Furniture order
Ancillary order
What is a Tenancy order?
Makes the applicant the sole tenant of a rented house.
What is an Occupation order?
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.
What is an Ancillary furniture order?
Entitles applicant to exclusive possession and use of specified furniture & household effects IN THE HOME.
What is a furniture order?
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.
How long do you have to wait before you can bail someone who has breached a protection order?
Must not be bailed by police for 24hrs after arrest for a breach of a protection order.
Must be taken to court ASAP
If not taken to court in 24hrs…
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.
Offences:
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.
What is a defence to breaching a protection order?
Defendant proves they had a reasonable excuse for breaching the protection order.
Where does the power of arrest come from?
Section 50.
Arrest without warrant any person who has:
Contravened order
Failed to comply with any condition.
