FH10 : Family harm - protection orders Flashcards
Where do you capture the details of a family harm investigation, and when do you do this?
Use OnDuty app to capture the details of a family harm investigation (5F) at the scene
Under which act does protection order come under, and who issues protection orders?
The Family Court or in some circumstances the District court, under the Family Violence Act 2018
When dealing with family harm matters, do you still have powers under Section 18 Search and Surveillance Act 2012? If so what does this section cover?
Yes, it covers a warrantless search associated with arms
Who are the three groups who can apply for a protection order?
- a person who is or has been in a family relationship
- the representative of a person lacking capacity on that persons behalf
- a representative or approved organisation on behalf of an applicant i.e women refuge
What is the name of the person who applies for the protection order?
The applicant
What are the three ways a child can apply for a protection order?
- an approved representative on the Childs behalf
- if aged 16 years old or older a representative is not required
- if authorised by the court to do so without a representative
Will a child that turns 18 still be protected by the protection order?
Yes, if they ordinarily or periodically reside with the applicant
What is best practice to ensure young people not living at home are covered under the protection order
have them listed on the order as a specified person
Can a protection order be made against a child?
Yes if the court is satisfied that the child is aged 16 years or over, and that the order is justified by special circumstances
what other act would violent children and young persons be dealt with under?
Under the provisions of the the Children and Young Persons and Their Families Act 1989
What is the name and role of the person who protection orders are sought against?
in most cases it will be the person with whom the applicant has a family relationship, this person is known as the respondent
can the order apply against an associate as well as the respondent? if so what section id this covered in?
Yes, in some cases where the respondents associates make serious threats the court may direct that the order apply against an associate as well as the respondent. Section 80
can application of protection orders me made with and without notice to the respondent?
yes
what does it mean when the applications are made without notice?
most applications are made without notice, meaning the respondent is no present when, or is unaware that, an application for a protection order is being made
How do you treat non-violence and non-molestation orders made under the domestic protection act 1982?
they are to be treated as though they are a protection order under the new act, with the exception that they don’t contain standard conditions pertaining to weapons