Family Violence Act 2018 Flashcards
Section 12 - meaning of family relationship: general
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
What are NOT family relationships?
Landlord - tenant
Employer - employee
Employer employee AND share a house
What is NOT a close personal relationship?
- employer-employee
- employee-employee
Detail what constitutes a close personal relationship
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
What section of the act gives you the power to issue a PSO?
Section 28
What section of the act limits you serving PSOs on children?
Section 31
What section enables you to detain someone for PSO service?
Section 32
What section specifys a PSOs duration
Section 35
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?
Sections 36 and 37
What section allows you to take a person into custody who has breached a PSO?
Section 43
What section enables you to serve someone with a summons who cannot be brought before the court within 24 hours?
Section 44
Regarding protection orders, what section allows someone to be able to apply for a protection order?
Section 60
Which section of the act specifys what a respondent to a protection order CANT do?
Section 90
Which sections specify conditions relating to weapons?
Sections 98, 99, 100
Which section outlines what a breach of protection order would constitute?
Section 112
What section does your power of arrest come under?
Section 113
Which section specifys what O/C Station must do upon receiving a protection order for service?
Section 176
What does Police v Elliott (1996) detail about a respondent to a protection order being given a reasonable amount of time to leave?
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
What is the learning from Police v Elliott (1996)
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
Police v Senior (2013)
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.
