FH10:PO/PSO Flashcards
Who is the respondent in regards to a Protection Order?
Person the protection order is being taken out against
Who is the applicant in regards to a Protection Order?
The person who is taking out the protection order against the respondent
Who can take out a protection order?
- Person who has been in a family relationship with the respondent
- Representative of a person lacking capacity on their behalf
- Representative or approved organization on behalf of applicant
In what ways can a child apply for a PO?
- via an approved representative on their behalf
- without a representative if 16+
- if authorized by the court to do so without a representative
Which circumstances dictate children 18+ still protected by Protection Order?
If they ordinarily or periodically reside with the applicant; or
They are listed as a specified person on the protection order (usually if they don’t live at home)
When can a protection order be taken out against a child of applicant?
When the court is satisfied child is 16+ and order justified by special circumstances.
Applications can be made ……… to respondent?
with or without notice
What are the standard PO conditions the court can impose?
The respondent must not;
- commit or encourage any person to commit violence against the applicant
- contact (if not living together) or come into contact unnecessarily with the applicant
- not possess or have control of any weapon and must not hold a FAL
When is a FAL suspended vs revoked in relation to a Protection Order?
FAL suspended > Temp Order
FAL revoked > Final Order
How long does a temporary protection order last vs a final order?
Temporary order last three months and final order is permanent, giving time for the respondent to challenge the order (hence responding to the order)
Section 112(1)(a) Family Violence Act 2018 Offence, without reasonable excuse...?
to do any act in contravention of a protection order
Section 112(1)(b) Family Violence Act 2018 Offence, without reasonable excuse...?
failure to comply with any condition of a protection order
What section of the family violence act 2018 gives you the power of arrest for breaches?
Section 113
113(a) - contravened PO
113(b) - failed to comply with any condition of PO
What do you need to have in order to arrest for breaches of a PO under S. 113
Good cause to suspect;
- existence of PO
- evidence of breach
- evidence respondent is responsible for breach
How long do police need to keep someone in custody for any breaches of PO?
24 hours, but bring before court ASAP
When can police bail take place?
After 24 hours if the offender could not be brought before the court
What is the purpose of a Police Safety Order (PSO)?
Issued so parties are separated for a cooling-off period, knowing the offence committed but no evidence to arrest
Who can issue a PSO?
Constable authorised by a qualified constable i.e. Sergent / SS +
Who is the bound person?
The person the PSO is being issued against
Who is the person at risk (PAR)?
The person who the PSO is protecting from the bound person.
Does the PAR need to consent to the PSO being issued (Section 30)?
No police do not need consent from the PAR
A PSO must not be issued against children of PAR unless? (Section 31)
16+
Special circumstances
Section 32(1) states Police have this amount of time to detain the bound person?
2 hours
Where can we detain the bound person for the 2 hour period?
At the place they are found or at Police station
What are the purposes for detaining the bound person?
- obtain authorisation for PSO
- Issue the order
- Serve the order
Under S. 32(2) what are your options if the bound person fails to remain?
Arrest them or a fine
what must the bound person immediately do when the PSO is issued?
- surrender any weapons in possession or under control
- surrender FAL
- vacate any land occupied by the person at risk
What is the maximum duration of a PSO and when does it come into effect?
10 days and comes into force immediately when served to BP
After what length of time does a PSO lapse if not served to a BP?
48 hours
What must be explained to BP & PAR?
- Purpose of PSO
- Effect
- Duration
- Consequences of contravening PSO
What happens when a person breaches a PSO?
they are taken into custody and to be brought before the court within 24 hours, you have 1 month to locate them or the breach is void
What do you do if you can’t bring the bound person before the court within 24 hours for a breach?
Release and serve with a summons
Failure to appear will result with a warrant for arrest being issued.
