FH10 Protection orders Flashcards
Define Respondent and Applicant
Applicant: The Victim
Respondent: The offender
List the Violence section of protection order standard conditions:
1) Violence: responder can’t:
- Physically, sexually or Psychologically abuse Applicant
- Can’t threaten the above
- Can’t damage or threaten to damage property of Applicant
- Encourage anybody to do any of these
List the ‘Contact’ section of protection order standard conditions:
2) Contact:
- Can’t live in the same dwelling house (Unless otherwise consented). This is an automatic. Can be switched on and off
- Can’t Watch, loiter or prevent access to places applicant visits often
- Can’t follow, stop or accost applicant
- Enter or remain on shared property without consent
- Can’t make contact unless emergency
Explanation of the law surrounding Respondents and their obligations regarding firearms
Respondents are expected to surrender all arms to police at the time of service of the protection order. (Section 100)
Respondents who fail to surrender on demand all firearms may be arrested for a breach in the Protections order. (Section 113)
Identify the length of time after which a temporary protection order becomes final (If not challenged)
3 Months
What are special bail requirements following a respondents arrest for breaching a protection order?
When setting bail after a 24 Hour cool down period (Given court couldn’t happen in the time) Police bail conditions CAN include:
- Curfew provisions
- Non residency and non association clauses
As long as the conditions don’t interfere with a persons employment
What are some powers to search for and seize firearms when a protection order is in existence or when there are grounds to make an application for one
Section 27 to 27A of the Arms Act 1983
AND/OR
Section 18 of the Search and Surveillance act 2012
Can a protection order be made against a child?
Yes. If they are over 16 and the court feels as though the order is justified
Powers to arrest for a breach of Protection Order
Section 113 Family Violence act 2018
If I have RGTS a breach against the order
After arresting somebody for breach of PO, How long is the cool off period?
24 Hours immediately following arrest
How long do you have minimum to surrender weapons to the police?
24 Hours
What is my arresting power for Protection orders
113 Family Violence Act 2018
Regarding a temporary Protection order, at what point can an offender be arrested for breaching it?!
When/If they are aware of its existence
