FH10 Protection Orders Flashcards
Who issues protection orders?
Family Court
District Court on occasion when sentencing an offender.
Who can make an application for a protection order? and what are they called?
Applicant
A person who is or who has been in a family relationship.
For a child, by a representative.
For a person lacking, by a representative.
By a third party, on behalf of a victim (e.g womans refuge)
What is the name of the person whom the protection order is against?
Respondent
Can an application be made for the order to apply against associates of a respondent?
Yes
What are the 4 pathways for getting a protection order? and which court are they filed in?
With notice (family court) - both parties at court.
Without notice (family court) - most common, temporary 3 months.
Upon sentencing (district court) - final or temporary
After PSO breach (district court)
What advice do you give family harm victims for a without notice order?
Contact a family harm organisation (or we can do it for them) and -
Advise them of the situation.
They may be able to help with legal aid
They will have an appointment with a lawyer and talk about history of family harm
They will complete an affidavit, swearing the information is true.
The lawyer will then generally apply for a without-notice PO.
if the PO is issued, Police, MOJ or someone else will serve the order.
Before granting a protection order, the court must be satisfied of what?
The respondent has inflicted, or is inflicting, family violence against the applicant or a child, of the applicants family, or both.
The order is necessary for the protection of the applicant or the applicants child or both.
What is the respondent deemed to have done if they have encouraged another person to engage in family violence against the applicant?
The respondent is deemed to have committed the behaviour personally.
What are the three main standard conditions of a protection order?
Violence
Contact
Firearms
Under the Violence condition of a PO, what must the respondent not do?
Physically, sexually or psychologically abuse the protected person
OR
Threaten to physically, sexually or psychologically abuse the protected person
OR
Damage or threaten to damage the property of the protected person
OR
Encourage any person to do any of the above
Can a protected person and respondent live in the same dwelling?
Yes. The automatic non-contact clause is suspended in this instance.
What is in the PO automatically if a protected person and respondent are not living in the same dwelling?
An automatic non-contact clause is in the PO.
Under the contact clause in the PO, if the parties are not living in the same dwelling, what must the respondent not do in person?
Watch or loiter near or prevent or hinder access to any place of residence, business, employment, educational institute or other place that the protected person visits often.
Follow, stop or accost the protected person.
Enter or remain on property occupied by the protected person without consent from the protected person.
Under the contact clause in the PO, if the parties are not living in the same dwelling, what must the respondent not do in from a distance?
Make contact with the protected person by
telephone, letters, email
Communication on or via internet site
Other digital communication
Unless its reasonably necessary in any emergency, or is permitted under a custody order or special condition.
If a temporary PO is issued, how long does the respondent have to appeal the order, before it goes final?
Three months
If a respondent has a firearms license after being issued a PO, what happens to the license for a temporary and final order?
Temporary Order - Firearms licence is suspended
Final Order - Firearms license is revoked
What is the conditions on a respondent in regards to firearms, after an Protection order is issued?
A respondent must not possess or have under their control have any firearm, ammunition or part of firearm
Does the Weapons condition also apply to any associate respondent named on the order?
Yes
After a respondent is served a protection order, how long does the respondent have to surrender any firearms and the firearms license to Police?
Within 24 hours of receiving the notice.
If a protection order is served by Police, what do you need to do?
PCA and risk assessment before serving.
Serve the order and all associated information, pamphlets etc
Demand surrender of any firearms and licenses, consider searching
Endorse the proof of service document
Updated the victim, NIA, alerts on all parties involved
Scan/attach proof of service
Provide proof of service to the courts
What are you powers to search if you have reasonable grounds to suspect the respondent has a firearm under their control?
Section 18, SOSA 2012 ( Search and seizure of arms and firearms licences)
Section 27-27A Arms Act 1983 (revocation of licenses)
What do you need to do in event of a breach of a Protection Order?
Treat it very seriously and take appropriate action.
What do you need to have when arresting for a breach?
Good cause to suspect the breach has occurred and what type of breach.
What does a breach of a PO comprise of?
Failing to comply with any condition of a protection order.
What is the max penalty for breaching a protection order?
3 years imprisonment
Can a respondent who has breached a PO be bailed after arrest?
No Police bail within 24 hours of arrest
Still must appear in court as soon as practicable
What are your obligations to the victim after a respondent has been arrested?
Must be informed of what is happening and when they are released from custody.
If a respondent breaches a PO on a Friday night and cannot see the Court til Monday, what would you do in terms of bail?
Police bail after 24 hours in custody with a summons to appear at court on Monday morning. Authorized by a Sergeant.
Mary is the applicant of a Protection Order against the respondent Sam. You spot them driving together down Tweed Road, Papakowhai and decide to conduct a vehicle stop with the couple. Sam is the driver of the vehicle and he is fully licenced. Mary states that they are in a relationship, are in love and getting married this weekend. There are no issues with the vehicle. What action would you take?
There is no further action required. You would wish them a nice day and say goodbye.
For the purposes of enforcing the Family Violence Act 2018, a child is defined as…
Under 18 years of age
