FH10 - PROTECTION ORDERS

Question 1

APPLICANT

Answer 1

a person who is/has been in a family relationship

applications can be made;

• for child by a rep
• for person lacking capacity
• third party on behalf of victim

Question 2

RESPONDENT

Answer 2

the person the order is against – likely Family (child, only justified special circumstances)

Applications can also be made for the order to apply to associates of the respondent

Question 3

STANDARD CONDITIONS

Answer 3

1. VIOLENCE
   respondent must not physically/sexually/psychologically or threaten or damage/threaten property or encourage others
2. CONTACT
   - while NOT living in same dwelling, auto non-contact condition.
   - while LIVING in same dwelling at applicant request, non-contact provision suspended.
   - must not loiter/watch/follow them.
   - enter/remain on property without consent
   - must not contact by ph/letters/email/insta etc
   unless it is an emergency/custody order/special condition
3. WEAPONS
   - must not possess/have under their control any weapon and
   - must not hold a FLICNO
   - temp order = suspended
   - final order = revoked
   - must surrender firearms no later than 24 hours

Question 4

TEMPORARY PROTECTION ORDER BECOME FINAL

Answer 4

3 months after the sate order is made unless Respondent

• notifies court of wish to be heard
• applies for variation or discharge

Question 5

SPECIAL BAIL REQUIREMENTS

Answer 5

• No police bail within 24 hours of arrest
• Still must appear in Court as soon as practicable
• If police bail – can give bail conditions – Must be authorised by NCO

Obligations to the Protected Person – must be informed

Question 6

SEARCH/SEIZE FIREARMS

Answer 6

SECTION 176 requires the police to consider using the powers available under the Arms Act in the first instance.

SECTION 27-27A ARMS ACT 1983 = revocation or licences

AND/OR

• SECTION 18 SASA 2012 = search and seizure of arms and firearms licence

Question 7

GETTING A PROTECTION ORDER

Answer 7

4 PATHWAYS

1. with notice (family court) - both parties at court
2. without notice - most common - temp for 3 months
3. upon sentencing (district court) - final or temp
4. After PSO breach (district court)

Question 8

PROTECTION ORDER SERVED BY POLICE

Answer 8

• Risk assessment/safety considerations
• Serve the order and all associated information listed on the proof of service document
• Demand surrender of any firearms, consider searching
• Consider – Section 27 -27A Arms Act 1983 (revocation of licences)
• Section 18 SASA 2012 (Search/seizure of arms and FLICNO)
• Endorse the proof of service document
• Update the victim, NIA occurrence, alerts on all parties involved
• Scan/attach proof of service
• Provide proof of service to the Court

Question 9

SECTION 18 SASA

Answer 9

WARRANTLESS SEARCHES ASSOCIATED WITH ARMS\

(1) A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection exist in relation to a person may, without a warrant, do any or all of the following:

• SEARCH the person/ any thing in the person’s possession or under his or her control (including a vehicle)
• ENTER a place or vehicle to carry out any activity above
• SEIZE and DETAIN any arms/any licence under the Arms Act 1983 that is found.

(2) The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and

(a) he or she is in breach of the Arms Act 1983; or
(b) he or she, by reason of his or her physical or mental condition (however caused),—
(i) is incapable of having proper control of the arms; or
(ii) may kill or cause bodily injury to any person; or
(c) that, under the Family Violence Act 2018,—
(i) a protection order or a police safety order is in force against the person; or
(ii) there are grounds to make an application against him or her for a protection order.