FH10 : Family harm - protection orders

Question 1

Where do you capture the details of a family harm investigation, and when do you do this?

Answer 1

Use OnDuty app to capture the details of a family harm investigation (5F) at the scene

Question 2

Under which act does protection order come under, and who issues protection orders?

Answer 2

The Family Court or in some circumstances the District court, under the Family Violence Act 2018

Question 3

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?

Answer 3

Yes, it covers a warrantless search associated with arms

Question 4

Who are the three groups who can apply for a protection order?

Answer 4

• 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

Question 5

What is the name of the person who applies for the protection order?

Answer 5

The applicant

Question 6

What are the three ways a child can apply for a protection order?

Answer 6

• 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

Question 7

Will a child that turns 18 still be protected by the protection order?

Answer 7

Yes, if they ordinarily or periodically reside with the applicant

Question 8

What is best practice to ensure young people not living at home are covered under the protection order

Answer 8

have them listed on the order as a specified person

Question 9

Can a protection order be made against a child?

Answer 9

Yes if the court is satisfied that the child is aged 16 years or over, and that the order is justified by special circumstances

Question 10

what other act would violent children and young persons be dealt with under?

Answer 10

Under the provisions of the the Children and Young Persons and Their Families Act 1989

Question 11

What is the name and role of the person who protection orders are sought against?

Answer 11

in most cases it will be the person with whom the applicant has a family relationship, this person is known as the respondent

Question 12

can the order apply against an associate as well as the respondent? if so what section id this covered in?

Answer 12

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

Question 13

can application of protection orders me made with and without notice to the respondent?

Answer 13

yes

Question 14

what does it mean when the applications are made without notice?

Answer 14

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

Question 15

How do you treat non-violence and non-molestation orders made under the domestic protection act 1982?

Answer 15

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

Question 16

Before granting a protection order the court must be satisfied that: The r_____ has i_____, or is i____ family v______ against the a_____ or a c____, of the applicants f____, or both. The order is n____ for the p_____ of the applicant or the applicants c_____ or both

Question 17

If a respondent encourages another person to engage in behaviour that if done by the respondent, would be considered family violence against the applicant, a child of the applicant or both. Is the respondent deemed to have committed the behaviour personally?

Answer 17

yes

Question 18

What are the three things a court must consider when refusing to grant a protection order?

Answer 18

• the perception of the applicant, a child of the applicants family, or both, of the nature and seriousness of the behaviour in respect of which the application is made
• the effect of that behaviour on the applicant. a child of the applicants family, or both
• if the behaviour seems trivial or minor when viewed in isolation or appears unlikely to reoccur, whether it nevertheless forms part of a pattern of behaviour that the applicant child or family need protection from

Question 19

What are the requirements of granting an application of an protection order without notice?

Answer 19

• court must be satisfied that a delay would or might entail a risk of harm or undue hardship to the applicant, a child of the applicants family, or both (section 76)
• A protection order made on an application without notice is a temporary order that unless sooner discharged, becomes final by operation of law 3 months after the date that the order is made: subject to conditions: unless the respondent:
  - notifies the court they wish to be heard on the question whether a final order should be substituted for a temporary order or
  - applies under other sections of the act for variation or discharge

Question 20

What are the conditions on the order designed to prevent?

Answer 20

Harm

Question 21

What must the court direct the respondent to attend not he protection order?

Answer 21

Attend a specified programme aimed at preventing the respondent engaging in violence, unless the court considers there is a good reason for not making such a direction

Question 22

What is a further standard condition that applies if the parties don’t reside at the same place?

Answer 22

The further standard condition aims to minimise contact between the parties

Question 23

Protection orders contain a condition about two things. What are they?

Answer 23

• Weapons

- firearms

Question 24

What can the court also make orders relating to?

Answer 24

Property

Question 25

What are the conditions set out in the protection order?

Answer 25

- violence (must not abuse, threaten to abuse, damage or threaten to damage property, or encourage others to do any of these) - contact (if parties not living together, there is an auto non-contact condition (s90(b)), if living together, a non-contact provision is auto suspended (s92(1)(a), respondent may not: watch/loiter or hinder access, follow or stop them, enter/occupy property without their consent, make contact with them - weapons

Question 26

When dealing with the respondent encouraging others to engage in behaviour against the other person that would amount to family violence, what does encourage mean?

Answer 26

incite, counsel and procure

Question 27

can the applicant also apply for orders to keep the furniture, and orders relating to the occupancy/tenancy of any shared household?

Answer 27

yes

Question 28

What is covered under the condition relating to weapons and firearms licences (section 98)?

Answer 28

The respondent: - must not possess or have under their control any weapon i.e firearm, pistol, airgun - must not hold a firearms licence and must surrender weapons and licences to police as soon as practicable after service of the order, but no later than 24 hours after that service, at any time by any constable - a firearms licence is deemed to be suspended when a temporary order is made, and revoked on the making of a final order (section 99 (1)(a) & (b) - condition of weapons also applies against associated respondent

Question 29

What happens to respondents who fail to surrender on demand all firearms in their possession or their firearms licence?

Answer 29

they may be arrested for breach of the protection order

Question 30

Does the respondents knowledge of the order existence affect its validity?

Answer 30

no, once signed by a judge it is in force.

Question 31

can criminal charges be files for breaching the order if the respondent doesn't know about the protection order?

Answer 31

no

Question 32

Does the respondent have to be formally served the protection order to know of its existence?

Answer 32

no

Question 33

What are the two offences pertaining to protection orders under the family violence act 2018?

Answer 33

It is an offence for a person to, without reasonable excuse: - under section 112 (1)(a) do any act in contravention of a protection order - section 112 (1)(b) fail to comply with any condition of the protection order

Question 34

What is the penalty for those convicted of an offence against section 112(1)?

Answer 34

Conviction for one of these offences has a penally of 3 years imprisionment

Question 35

For breached of the section 112 where does the power of arrest come from?

Answer 35

Section 113 Family Violence Act 2018. Where a protection order is in force, any constable may arrest without warrant any person whom the constable has good cause to suspect: -s113(a) contravened the protection order -s113(b) failed to comply with any condition of the protection order

Question 36

what doe you need to determine where there is 'good cause to suspect'?

Answer 36

police need: - evidence of existence of an order - evidence that a breach has occured - evidence that the respondent is responsible for the breach

Question 37

Where a person is arrested for breaching a protection order, what time frame must the person not be released on bail by a member of police?

Answer 37

24 hours immediately following the arrest (bail act 2000, section 23)

Question 38

What happens to a person who is arrested for a breach of the order and not brought before the courts within 24 hours?

Answer 38

the person may be released on police bail at the end of that period. Police can impose conditions of bail, e.g curfew, but these conditions must not interfere with the persons employment. release on police bail must be authorised by an NCO