FH10:PO/PSO

Question 1

Who is the respondent in regards to a Protection Order?

Answer 1

Person the protection order is being taken out against

Question 2

Who is the applicant in regards to a Protection Order?

Answer 2

The person who is taking out the protection order against the respondent

Question 3

Who can take out a protection order?

Answer 3

• 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

Question 4

In what ways can a child apply for a PO?

Answer 4

• via an approved representative on their behalf
• without a representative if 16+
• if authorized by the court to do so without a representative

Question 5

Which circumstances dictate children 18+ still protected by Protection Order?

Answer 5

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)

Question 6

When can a protection order be taken out against a child of applicant?

Answer 6

When the court is satisfied child is 16+ and order justified by special circumstances.

Question 7

Applications can be made ……… to respondent?

Answer 7

with or without notice

Question 8

What are the standard PO conditions the court can impose?

Answer 8

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

Question 9

When is a FAL suspended vs revoked in relation to a Protection Order?

Answer 9

FAL suspended > Temp Order

FAL revoked > Final Order

Question 10

How long does a temporary protection order last vs a final order?

Answer 10

Temporary order last three months and final order is permanent, giving time for the respondent to challenge the order (hence responding to the order)

Question 11

Section 112(1)(a) Family Violence Act 2018
Offence, without reasonable excuse...?

Answer 11

to do any act in contravention of a protection order

Question 12

Section 112(1)(b) Family Violence Act 2018
Offence, without reasonable excuse...?

Answer 12

failure to comply with any condition of a protection order

Question 13

What section of the family violence act 2018 gives you the power of arrest for breaches?

Answer 13

Section 113
113(a) - contravened PO
113(b) - failed to comply with any condition of PO

Question 14

What do you need to have in order to arrest for breaches of a PO under S. 113

Answer 14

Good cause to suspect;

• existence of PO
• evidence of breach
• evidence respondent is responsible for breach

Question 15

How long do police need to keep someone in custody for any breaches of PO?

Answer 15

24 hours, but bring before court ASAP

Question 16

When can police bail take place?

Answer 16

After 24 hours if the offender could not be brought before the court

Question 17

What is the purpose of a Police Safety Order (PSO)?

Answer 17

Issued so parties are separated for a cooling-off period, knowing the offence committed but no evidence to arrest

Question 18

Who can issue a PSO?

Answer 18

Constable authorised by a qualified constable i.e. Sergent / SS +

Question 19

Who is the bound person?

Answer 19

The person the PSO is being issued against

Question 20

Who is the person at risk (PAR)?

Answer 20

The person who the PSO is protecting from the bound person.

Question 21

Does the PAR need to consent to the PSO being issued (Section 30)?

Answer 21

No police do not need consent from the PAR

Question 22

A PSO must not be issued against children of PAR unless? (Section 31)

Answer 22

16+

Special circumstances

Question 23

Section 32(1) states Police have this amount of time to detain the bound person?

Answer 23

2 hours

Question 24

Where can we detain the bound person for the 2 hour period?

Answer 24

At the place they are found or at Police station

Question 25

What are the purposes for detaining the bound person?

Answer 25

• obtain authorisation for PSO
• Issue the order
• Serve the order

Question 26

Under S. 32(2) what are your options if the bound person fails to remain?

Answer 26

Arrest them or a fine

Question 27

what must the bound person immediately do when the PSO is issued?

Answer 27

• surrender any weapons in possession or under control
• surrender FAL
• vacate any land occupied by the person at risk

Question 28

What is the maximum duration of a PSO and when does it come into effect?

Answer 28

10 days and comes into force immediately when served to BP

Question 29

After what length of time does a PSO lapse if not served to a BP?

Answer 29

48 hours

Question 30

What must be explained to BP & PAR?

Answer 30

• Purpose of PSO
• Effect
• Duration
• Consequences of contravening PSO

Question 31

What happens when a person breaches a PSO?

Answer 31

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

Question 32

What do you do if you can’t bring the bound person before the court within 24 hours for a breach?

Answer 32

Release and serve with a summons

Failure to appear will result with a warrant for arrest being issued.