FH10/11 PSO/PROTECTION ORDERS Flashcards
Difference between protection and police safety orders?
Protection order- Court issued
PSO - Police issued
Who can apply for a Protection order
The victim
Representitive of person lacking capacity
Third party on behalf
Children with special conditions (16+ or otherwise approved by court)
Parties involved in order
Applicant
Respondent
Associated respondent
How to apply for a protection order?
Family court- both parties attend or without notice (lasts 3 months)
District Court - upon sentancing or after PSO
Standard conditions of order?
Violence
Contact
Weapons
Weapons conditions?
Not posses weapons
No firearms liscence
Must surrender liscence and weapons within 24hrs of notice being served
Sections 79 and 80 FVA 2018
Grounds for a protection order
Four principles of serving protection orders?
Safety of all parties
Risk information gathered
Advise respondent of asccountablity
Work collaboratively
Section 18 search and serveillance Act
RGTS carrying firearms can enter and search any place or person.
Power of arrest
Section 113 FVA 2018
Good cause to suspect
3 years imprisonment punishment
What is a PSO
Police issues Valid for up to 10 days Mirrors conditions of protection order Can also protect children Not an offence to breach Parenting order or contract agreement suspend for length of PSO
How do you serve a PSO?
Power of detention for 2 hours to obtain authority
Use of forece
Search
Resists/fails to remain K9 Section 32(2)(b) FVA 2018
What do you do if person cant be located to serve PSO?
Issue order and pass on file
48 hours to locate person or it lapses