FH10 Protection Order Flashcards
Who is the respondent? Protection Order
The respondent is the person who the protection will be sought against. Either a person in a family relationship or the respondents associate.
Who is the applicant? Protection Order
The applicant is the person who applies for the protection order.
Can be a
- person in a family relationship
- a representative of a person lacking capacity
- representative of an approved organisation e.g womens refuge
If the applicant is a child
- an approved representative
- 16 or older can make an application
- if authorised by the court can do so without a representative
What are the standard conditions of a Protection Order?
- Violence - the respondent must not
- act or threaten physical, sexual, psychological abuse to the protected person
- act or threaten to damage property of the pp
- encourage any person to do any of the above - Contact
- where parties are not living in the same house, there is an automatic non contact condition S90(b)
The respondent may not
- watch, loiter near, prevent or hinder access to any place the pp visits often
- follow, stop or accost them
- enter or remain on property
- make any form of contact with the PP unless it is reasonably necessary in an emergency - Weapons - the respondent must not
- possess or control any weapon
- not hold a firearms licence and must surrender weapons and licenses asap, not later than 24 hours after service of PO
- a firearms licence is deemed to be suspended when a temporary order is made
- revoked on the making of a final order
What are the conditions on weapons for a Protection Order?
S98(1) condition on every protection order.
- the respondent must not possess or have under their control, any weapon and
- the respondent must not hold a firearms licence
- must surrender weapons and licence within 24hr of PO service
What is S100? FVA2018
At the time of service, Police will demand surrender of firearms and the firearms licence.
Respondents who fail to surrender on demand may be arrested for breach of protection order S113
Can a protection order be made without notice?
Applications without notice s75,76,78
A protection order made without notice is a temporary order that, unless sooner discharged, becomes final by operation of law 3 months after the date unless the respondent:
- notifies the court that they wish to be heard on whether a final order should be substituted for a temporary order, or
- applies under other sections of the Act for variation or discharge.
What are the 4 principles of service of protection orders?
- Safety of all parties, especially protected person and serving officer
- Risk information, gathered before and during service
- Advise respondent of accountability for any breaches
- Work collaboratively - FVC, Court staff, Police records staff
What are bail requirements for protection orders?
Arrested for breaching a protection order, must not be released within 24 hours. Unless before court they are bailed within 24 hours. If not brought before court after 24 hours, the person can be released on Police Bail. Police Bail must be authorised by an NCO.
- The protected person must be informed of release, and given opportunity to comment on condition of bail.
What offences can be committed in relation to Protection Orders?
Without reasonable excuse…
S112(1)(a) do any act in contravention of a protection order
S112(1)(b) fail to comply with any condition of a protection order
Penalty - 3 years
POA - good cause to suspect… S113 FVA2018
What does ‘good cause to suspect’ mean in relation to protection order breaches?
- evidence of the order
- evidence that a breach has occurred, and
- evidence that the respondent is responsible for the breach.
Evidence from the protected person or a third party is sufficient.
What must the court be satisfied of before granting a Protection Order?
That the respondent has inflicted, or is inflicting family violence against the applicant or a child of the applicants family, or/and the order is necessary for protection.
What will the court consider when refusing a protection order grant?
The nature and seriousness of the behaviour, the effect of that behaviour and if the behaviour seems trivial or minor when viewed in isolation, or is unlikely to re-occur.
What must the Court consider before granting a protection order without notice?
The court must be satisfied that a delay would or might entail risk of harm or undue hardship to the applicant, child or both.
What is the penalty for breaching a parenting order?
It is an offence under S78 Care of Children Act 2004 with penalties up to 3months/$2500.
When and where can Protection Orders be applied for and granted?
Family Court
- with notice - both parties attend
- w/out notice - temporary 3months
District Court
- upon sentencing - Judge decision/request a PO
- after a pso breach
