Family Violence

Question 1

Define a domestic relationship

Answer 1

Persons living together (ie. Flatmate)

Partners

A family member

Someone who shares a close personal relationship

Question 2

Who can apply for a protection order?

Answer 2

A person who was or is in a domestic relationship

A representative of a child or disabled person

A 3rd party on behalf of victim

Question 3

What does application without notice mean?

Answer 3

The application can be made without the respondent knowing / present

Question 4

What are the standard conditions on a po?

Answer 4

No violence
No contact
No weapons

Question 5

What are the 4 property orders?

Answer 5

Occupation order (the right to exclusively occupy a dwelling house)

Tenancy order

Ancillary furniture order (the right to exclusively occupy any furniture/household appliances)

Furniture order (if they haven’t applied for tenancy or occupation)

Question 6

When can you arrest with a po?

Answer 6

If you have good cause to suspect a person has breached a protection order SECTION 50

SECTION 50(a) contravened the protection order or

SECTION 50(b) failed to comply with any condition of the protection order

Question 7

What are the four options available when dealing with a domestic incident?

Answer 7

No further action
Issue warning
Issue PSO
Arrest

Question 8

Who does a PSO protect and who is it against?

Answer 8

Person at risk plus their children against a bound person

Question 9

What is purpose of a PSO and who can serve it?

Answer 9

To protect victim

A constable can issue it

Question 10

What must you explain to both parties when issuing a PSO?

Answer 10

Purpose of order
Effect of order
Duration of order
Consequences of contravening order

Question 11

Conditions of PSO?

Answer 11

Must not abuse victim or property
Must not threaten to abuse victim or property
Etc
Must not encourage any other person to abuse victim or harass
Must not watch, loiter or follow person at risk

Question 12

Are there any powers of arrest?

Answer 12

You can’t arrest for breaching PSO. You can take them into custody and bring before the court within 4 hours.

Question 13

If you are intending to issue a PSO, what can you do to the person for no more than 2 hours?

Answer 13

You can detain them under section 124.

Question 14

If a person fails to remain when you detain them, what can you do?

Answer 14

Arrest them for failing to remain

Question 15

What happens if a PSO is not served to the respondent within 48 hours?

Answer 15

The order lapses

Question 16

When dealing with a PSO, what alerts need to be put in NIA?

Answer 16

Wanted for service of a PSO

PSO served

PSO breached and person bound wanted/not present

PSO breached and person bound taken into custody

PSO issued on direction of court

Question 17

Do police need consent of a person at risk to issue a PSO?

Answer 17

No

Question 18

When a person breaches a PSO and is brought before the court, what are the three options that the court has for dealing with the breach?

Answer 18

Release the bound person with no further action

Direct the police to issue another PSO to be served on the bound person asap.

Issue a temporary protection order

Question 19

For a PO, how long does the respondent have to hand over all weapons?

Answer 19

Do it as soon as practicable or within 24hours

Question 20

What is the power of arrest for contravening po?

Answer 20

Section 50