Family Violence Flashcards
In terms of the Domestic Violence Act, who is a child?
A person under the age of 17, unless they are or have been married/civil union/de facto relationship
In terms of the Domestic Violence Act, who is a minor?
A person who is between 17-19, or a person under 17 who is or has been married/civil union/de facto relationship
Under Section 3 of the Domestic Violence Act, what is “violence”?
Physical/sexual/psychological abuse
What is “physical abuse”?
Assault and actual physical harm
What is “sexual abuse”?
Assaults of a sexual nature
What is “psychological abuse”?
Intimidation/harassment/damage to property/threats of physical-sexual-psychological abuse
What constitutes psychological abuse of a child?
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
What does section 4 of the Domestic Violence Act state?
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
What does the definition of a domestic relationship in the Domestic Violence Act generally not include?
Landlord-tenant, employer-employee and employee-employee
What is the deciding factor on whether two people are in a close personal relationship?
The amount of time they spend together
What is IPV?
Intimate partner violence
What is the definition of Family Violence?
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
What is a Family Safety Team (FST)?
Multi-agency teams, led by police, who work on complex risk cases of family violence
What is an FVC?
Family Violence Coordinator
What is a PSO?
Police Safety Order
What is a PAR?
A person at risk
Who is a bound person?
A person against whom a PSO has been issued
What is a POI?
A person of interest (NIA Alert)
Who can apply for a protection order?
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
Who can be the respondent (recipient) of a protection order?
A person with whom the applicant is or has been in a domestic relationship with, unless that person is a child (under 17)
What are the grounds for a protection order?
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)
What are the factors the court must consider before refusing to grant a protection order?
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
What must the court consider before granting a protection order without notice?
Whether or not a delay in granting that order will or might entail risk of harm to the applicant/child/family
What are some of the standard conditions imposed on protection orders?
Violence, contact, weapons
What is an occupation order?
Gives the applicant and their children the right to personally and exclusively occupy the dwelling house
What is a tenancy order?
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
What is an ancillary furniture order?
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
What is a furniture order?
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
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 family violence?
Violence against a person - by another person - who is / has been in an
INTIMATE RELATIONSHIP
FAMILY MEMBER
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.
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.
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.
