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Family Harm > FH - PSO/PO > Flashcards

FH - PSO/PO Flashcards

1
Q

Who can apply for a Protection Order?

A
  • The applicant: a person who is or has been in a family relationship
  • Representative of a person lacking capacity
  • Representative or organisation e.g. women’s refuge
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2
Q

Who can apply for a Protection Order if the applicant is a child?

A
  • Representative
  • If 16+ they can make their own application
  • If authorised to do so by the Court without a representative
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3
Q

When can a protection order be made AGAINST a child?

A

When they’re 16+ or if the Court is satisfied that the order is justified by special circumstances

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4
Q

What is the respondent of a PO?

A

The person who the PO is issued against

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5
Q

What are the 4 ways a PO can be served?

A

With notice
Without notice
Upon sentencing (under the sentencing act, Police can apply)
If a person breaches a PSO, and goes to Court, Police can ask judge to order a PO

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6
Q

What is the time limit on a Protection Order without notice and when does it become final?

A

It’s a temporary order, it becomes final by operation of law 3 MONTHS after the date the order was made, unless the respondent notifies Court that they want to be heard on the matter, or they apply under other sections of the act for variation/discharge.

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7
Q

What are the 3 standard conditions of PO?

A
  1. Violence - either threats or encouraging another to carry out violence
  2. Contact - if they’re not living together it’s automatic NO contact. IF the applicant gives permission, they may live together.
  3. No weapons - must not possess or have under their control, or have F/A license.
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8
Q

Under a PO, how long does a respondent have to surrender F/A and license?

A

As soon as practicable, but no later than 24 hours after service of a PO.
F/A license is deemed to be suspended upon serving a PO, and revoked when PO is made final.

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9
Q

What can you do if a respondent fails to surrender F/A and what section is your power derived from?

A

Will be arrested for breach of a Protection Order. Arrest power is s113 Family Violence Act 2018.

Can search for F/A under s18 SASA 2012. Need RGTS they have firearms and are breaching Arms Act 1983 or FVA 2018.
OR protection order is in force against them or their are grounds to have one applied for.

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10
Q

What is your power of arrest for breaches of a PO?

A

Section 113 Family Violence Act 2018

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11
Q

When arresting for a PO, what reasons do you need?

A

Need Good Cause to SUSPECT that the person has contravened the protection order, or failed to comply with any condition of the protection order.

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12
Q

What 3 things do you need to have “Good Cause to Suspect” a PO has been breached?

A
  1. Evidence that an order exists
  2. Evidence that a breach has occurred
  3. Evidence that the respondent is responsible for the breach
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13
Q

When a person is arrested for breach of a PO, what are the special conditions surrounding bail?

A

There is a 24 hour cooling off period. They must not be released on bail until after this.
Police still required to bring the person to court ASAP.

If not in court within 24 hours, the person may be released on Police Bail.

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14
Q

Who can issue a PSO?

A

Any constable, if authorised by a qualified constable

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15
Q

Who is a “bound person”

A

Under a PSO, this is the person against whom the order is issued.

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16
Q

What is a PSO?

A

Immediate order issued by Police where concerns remain for the safety of a person at a FH episode, where:
- may be used for a cooling off period
- may use if insufficient evidence for arrest

17
Q

Who exactly is/are the people at risk under a PSO?

A

Anyone named in the order, AND any child residing with that person (includes children of the bound person even if person at risk is parent or not)

18
Q

How long can you detain someone to issue a PSO?

A

2 hours

19
Q

What happens if a person refuses to remain for issuance of a PSO?

A

It’s an offence ($500 fine) - arrest for failing/refusing to remain under Family Violence Act 2018.

Even if a PSO is not issued in the end, they can still be charged with an offence.

20
Q

What are the conditions of a PSO?

A

Same as a PO:
- No contact - they must IMMEDIATELY vacate the property
- No Firearms or license
- No violence

21
Q

What happens to any Parenting Order agreement when a PSO is issued?

A

Any agreement related to a child covered by the PSO, is suspended

22
Q

When does a PSO come into effect?

A

Immediately after being served on a person

23
Q

How long can a PSO be issued for?

A

10 days maximum

24
Q

How long do Police have to serve a PSO on someone?

A

48 hours otherwise the order lapses.

25
Q

When serving a PSO what must be explained to the bound person AND person at risk (and any children if applicable)

A
  1. Purpose of the order
  2. Effect of order
  3. Duration of order
  4. Consequences of contravening the order
26
Q

If someone breaches a PSO, how long do Police have to locate them and bring into custody?

A

1 month from time of breach. NO arrest power - take into custody and hold for delivery to court. (Detention - give rights)

27
Q

If someone breaches a PSO and you locate them, how long do you have to bring them before the court?

A

24 hours.

28
Q

Police can’t arrest for a PSO breach, except for a few exceptions. What are these?

A
  1. Any person against whom a PSO is going to be issued, fails/refuses to remain where they’re detained
  2. If they breach a PSO you can apply to the court for a WTA. Gives power of entry.
29
Q

What are the options for the District Court when dealing with PSO breaches?

A
  • direct Police to issue another PSO not exceeding 10 days
  • adjourn so the Judge can decide whether to issue a temporary Protection Order
30
Q

Under the Victims Rights Act 2002, a victim includes:

A
  1. Person who has an offence committed against them
  2. Because of an offence, they suffer physical injury or loss/damage to property
  3. Parent/legal guardian of a CYP, unless the parent is the offender
  4. Member of immediate family who as a result of the offence, dies or is incapable
31
Q

Who is considered immediate family?

A

Member of family, whanau, or other culturally recognised family group in close relationship with the victim.
Includes: spouse/de facto partner, child, stepchild, sibling, step-sibling, parent, step-parent, and grandparent

32
Q

Define family relationship for the purpose of the Family Violence Act 2018?

A
  1. Spouse/partner
  2. Family member of other person
  3. Usually shares household with them (e.g. flatmate)
  4. Close personal relationship (bf, gf, same-sex relationship)

Family Harm (1 decks)

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