FH10 Protection Orders Flashcards
Who can make an application for a protection order?
- A person who is or has been in a family relationship (an applicant)
- The representative of a person lacking capacity on that person’s behalf
- A representative or an approved organisation on behalf of an applicant (Women’s Refuge)
Who can be the subject (respondent) of a protection order?
Whom the applicant has a family relationship with.
The Court may alo direct the order apply against an associate as well as the respondent if they make serious threats.
What is the length of time when a Temporary Order becomes final (if not challenged)?
3 months
Does the respondent need to be aware of the application?
No, applications can be made either WITH or WITHOUT notice.
When will a Court grant a protection order?
- The respondent has/is inflicting harm against the applicant or child; AND
- The order is necessary for the protection of the applicant or applicant’s child
Note: If the respondent encourages another person to engage in family harm against the applicant, it’s as if they’ve done it themselves.
What is a protection order made on application or without notice called and why is it used?
Temporary Order (becomes final after 3 months)
Courts use this if they are satisfied that a delay would or might entail risk or harm or undue hardship to the applicant.
What are the standard conditions of a protection order?
Violence
- no physical, sexual or psychological abuse (& threats)
- no damage to property (& threats)
- encourage any person to do the above
Contact
- if parties are not living in the same house there is an automatic NON-CONTACT condition
- if parties remain in the same house, this provision is automatically suspended
- enter or remain on property without consent
- follow, stop or accost them
- watch or loiter near (or prevent and hinder access to) any place where the protected person visits often (e.g. a shop, school, office etc.)
Weapons
- respondent must not possess or have under their control any weapon
- respondent must not hold a firearms licence, and must surrender weapons (as soon as practicable but NO LATER THAN 24 HOURS)
What happens to a firearms licence under a temporary order vs. a final order?
Temporary order - firearms licence is suspended
Final order - firearms licence is revoked
What is an “Associated Respondent”?
The court can make an order against a third party, such as the respondent’s associates when they are satisfied that the respondent encouraged or is still encouraging that associate to engage in behaviour against the protected person that would amount to family violence.
When a respondent is served a copy of a protection order, when must they surrender their weapons?
As soon as practicable, but not later than 24 hours.
Does the condition of weapons also apply to “Associated Respondents”?
Yes
What are the special bail requirements following a respondent’s arrest for breaching a protection order?
The person must not be realased on bail for 24 hours immediately following the arrest.
However, Police are still required to bring that person before court as soon as possible and the court may bail that person within the 24 hour timeframe.
If they are not brought before court within 24 hours, the person can be released on police bail but with conditions such as curfew and non-association/non-residency clauses.
What can bail conditions not interfere with?
Person’s employment
What are the protection order offences?
Section 112(1)(a) - do any act in contravention of a protection order
Section 112(1)(b) - fail to comply with any condition of a protection order
Every person who is convicted of an offence against this section is liable to imprisonment of up to three years.
What section does the power of arrest come for breaching a protection order?
Section 113
What is considered a ‘family relationship’?
(a) is a spouse or partner
(b) is a family member
(c) ordinarily shares a household
(d) has a close personal relationship
Under the Family Violence Act 2018 what is ‘violence’?
Physical, psycological or sexual abuse
Under the Family Violence Act 2018 a ‘child’ is defined as…
Under 18 years
What are the two ways (and sections) people can breach a Protection Order?
Section 113(a) - contravened the protection order
Section 113(b) - failed to comply with any condition of the protection order
