FH10 Protection orders Flashcards
What is a Protection Order (PO)?
Protection Orders are a notice issued by the court. It is how the Act (Family Harm Act 2018) aims to protect those who are suffering from Family Harm
It is the ‘Ace in the hole’ for police in terms of how it helps us to protect those who need it and hold offenders to account
The person applying for the Protection order is known as;
- The Applicant
The person whom the protection order application is being made against is known as;
- The Respondent
Applications for a protection order can be made by the following;
A person who has been in a family relationship
The representative of a person lacking capacity on that persons behalf
A representative or an approved organisation on behalf of an applicant (Women’s Refuge)
In some cases the respondents associates can be listed on a protection order.
What are some examples of when this may occur?
Gangs
Club affiliates
Applications can be made WITH or WITHOUT notice to the respondent. What does this mean?
Means that the respondent is either NOT present or unaware that there is an application for a Protection Order being made against them
Before granting a Protection Order the Family OR District Court must be satisfied that;
- The respondent has OR is inflicting family harm against the applicant, their child or family
- The order is necessary for the protection of the applicant or child or both
Note- If the respondent encourages another person to engage in family harm against the applicant the respondent is deemed to have committed the act personally.
A Protection Order made on application OR without notice is known as;
- A Temporary Order
- A Temporary Protection Order becomes final after 3 months
It is an offence for a person to do what, without reasonable excuse?
- To do any act in contravention of a Protection Order - Section 112(1)(a) Family Violence Act
- Fail to comply with any condition of a Protection Order – Section 112(1)(b) Family Violence Act
Where do your power of arrest come from?
- Section 113(a) Family Violence Act (Contravened the Protection Order)
- Section 113(b) Family Violence Act (Failed to comply with any Condition of a PO)
Any constable may arrest, without warrant, any person who they have good cause to suspect has contravened the protection order or failed to comply with any condition of the Protection Order
Note- A person arrested for any of these offences must be bought before the court within 24 hours. If this is not possible they MAY be released and bailed. NCO approval
An application for a Protection Order can be made without the respondent knowing. True or False?
True
Define Physical Abuse;
This relates to assault and actual physical harm to another person or persons
Define Sexual Abuse;
These offences are assaults of a sexual nature.
Define Psychological Abuse;
- intimidation
- harassment
- damage to property
- threats of physical, sexual and psychological abuse.
Standard conditions for PO relating to contact;
- Must not contact the applicant
- Cannot loiter where an applicant is likely to be i.e. workplace, gym etc
- Cannot follow the applicant
Standard conditions for PO relating to weapons;
- Must NOT have weapons. Must surrender firearms within 24 hours of receiving notice.
- Temp PO = Firearms Licence Suspended
- Final PO = Firearms Licence Revoked
Standard conditions relating to a PO for violence;
Violence
- CANNOT Physically, sexually, psychologically abuse etc
- CANNOT Threaten a person
If the applicant is a child, when can they apply for a PO?
• When there is an approved representative on the child’s behalf
• If aged 16 years old or over can make an application without a
representative
• If authorised by the Court to do so without a representative
Pursuant to section 98(1) it will be a condition of every protection order that:
- the respondent must not possess, or have under their control, any weapon
- the respondent must not hold a firearms license
Under section 100, police will demand surrender of;
All firearms and the firearms licence
Note- Respondents who fail to surrender on demand all firearms in their possession, or their firearms licence, may be arrested for breach of the protection order (section 113)
Where a person is arrested for breaching a protection order, the person must not be released on bail by a member of police during the 24 hours immediately following the arrest.
Please state section this relates to;
Bail Act 2000, section 23
In circumstances where the arrested person is not brought before the court within 24 hours of arrest, what happens?
The person may at the end of that period be released
on police bail.
The police can impose conditions of bail, including curfew provisions, andnon-residency and non-association clauses. However, these conditions must not interfere with the person’s employment.
Reported breaches of bail must be treated seriously and offenders kept in custody.
Release on Police Bail must be authorised by who?
an NCO
What do Police need to determine ‘Good Cause to Suspect’?
- evidence that a Protection Order exists
- a sound basis for assuming that a breach has occurred
- a sound basis that the respondent was responsible for the breach
If the holder of a firearms licence is the respondent in a Protection Order issued under the Family Violence Act 2018, within what timeframe must they surrender their firearms licence and any weapons they hold (or which are under their control)?
Family Violence Act 2018 s.98(2)
As soon as practicable after they are served with the copy of the Protection order, but in any case no later than 24 hours after such service and on demand made, at any time, by any member of the police.
Under the provisions of the Family Violence Act 2018 firearms licences can be both suspended and revoked. With reference to s 99(1) (a) & (b) when does this happen?
Family Violence Act 2018 s 99(1)(a) & (b)
- suspended when a temporary Protection Order is issued and
- revoked when a Protection Order becomes a final order.
