Family Violence Act 2018

Question 1

Section 12 - meaning of family relationship: general

Answer 1

A person (A) is in a family relationship with another person (B) if A -
a - is a spouse or partner
b - is a family member of B
c - ordinarily shares a household with B
d - has a close personal relationship with B

Question 2

What are NOT family relationships?

Answer 2

Landlord - tenant
Employer - employee
Employer employee AND share a house

Question 3

What is NOT a close personal relationship?

Answer 3

• employer-employee

- employee-employee

Question 4

Detail what constitutes a close personal relationship

Answer 4

The court must have regard to -

• the nature and intensity of the relationship
• the amount of time A and B spend together
• the place or places where that time is ordinarily spent
• the manner in which that time is ordinarily spent
• the duration of the relationship
• a sexual relationship is not necessary

Question 5

What section of the act gives you the power to issue a PSO?

Answer 5

Section 28

Question 6

What section of the act limits you serving PSOs on children?

Answer 6

Section 31

Question 7

What section enables you to detain someone for PSO service?

Answer 7

Section 32

Question 8

What section specifys a PSOs duration

Answer 8

Section 35

Question 9

What sections of the FV Act instruct the bound person that they must vacate any land or building and must surrender any weapons they may have?

Answer 9

Sections 36 and 37

Question 10

What section allows you to take a person into custody who has breached a PSO?

Answer 10

Section 43

Question 11

What section enables you to serve someone with a summons who cannot be brought before the court within 24 hours?

Answer 11

Section 44

Question 12

Regarding protection orders, what section allows someone to be able to apply for a protection order?

Answer 12

Section 60

Question 13

Which section of the act specifys what a respondent to a protection order CANT do?

Answer 13

Section 90

Question 14

Which sections specify conditions relating to weapons?

Answer 14

Sections 98, 99, 100

Question 15

Which section outlines what a breach of protection order would constitute?

Answer 15

Section 112

Question 16

What section does your power of arrest come under?

Answer 16

Section 113

Question 17

Which section specifys what O/C Station must do upon receiving a protection order for service?

Answer 17

Section 176

Question 18

What does Police v Elliott (1996) detail about a respondent to a protection order being given a reasonable amount of time to leave?

Answer 18

Elliott was asked to leave by the applicant - he did not do so - Police arrived and confirmed this - Elliott was arrested

HELD - The respondent had returned all his possessions to the house - he had nowhere to go - no violence had been used - Police had not allowed a reasonable amount of time - the charge was dismissed

Question 19

What is the learning from Police v Elliott (1996)

Answer 19

Police should inform the respondent they are required to leave - they should provide a reasonable time to gather basic items and also arrange for somewhere to go

Question 20

Police v Senior (2013)

Answer 20

Senior abused his partner on Facebook - the High Court decided that Senior was highly reckless to put very strong personal abuse where it could be read by a large number of friends - means the abuse doesn’t have to be directed towards the protected person and there doesn’t need to be direct evidence the abuser intended the protected person to see or hear the abuse.