FV09 Protection Orders Flashcards
What is the purpose of the Domestic Violence Act 1995?
is designed to reduce and prevent violence in domestic relationships
What is the definition of a ‘child’ and ‘minor’ for the Domestic Violence Act 1995?
Child: under 17 (does not include if married/de facto/civil union - this group are under ‘minor’
Minor: between 17 and 19
Define the three types of ‘Violence’
Sec 3 of DV Act
Physical: eg assault, physical harm
Sexual: eg rape, groping
Psychological: intimidation, harrassment, damage to property, threats of abuse
What is considered a ‘domestic relationship’?
Sec 4 DV Act
- Is a partner of the other person
- Is a family member of the other person
- Ordinarily shares a household with the other person
- Has close personal relationship with other person
what is the definition of domestic violence? Sec 3(1) DV Act 1995
is violence against a person by another person with who that person is, or has been, in a domestic relationship,
Who can apply for a protection order?
Sec 7
(1) a person who is a domestic relationship with that person
(2) the representative of a child on that child’s behalf
(3) the representative of a person lacking capacity on that persons behalf
(4) a third party on behalf of the victim
What are the grounds for a court to grant protection order?
Sec 14
must be satisfied that:
- there was family violence by the respondent to another
- the order is necessary for the protection of the applicant/child/both
For the courts to refuse a protection order what must they consider?
- the perception of the applicant/child of applicant of the seriousness of behaviour
- the effect of that behaviour on applicant/child
- whether is ongoing behaviour not just viewed in isolation or a one off.
What are the standard conditions of a protection order?/
Standard condition against;
VIOLENCE:
- must not physically, sexually, psychologically abuse protected person(s)
- threaten to abuse
- damage or threaten to damage property
- encourage any other person to do the above
CONTACT:
- watch, loiter near any place of home, work, job
- follow, stop, accost
- enter or remain on property
- make any contact with protected person (unless reasonably necessary in emergency)
WEAPONS:
- Firearm licence suspended/revoked
- any weapons must be handed in to police within 24hrs of notice
What is an Occupation Order?
s52-55
Gives applicant and their children the right to stay in their house (if owned)
What is a Tenancy Order?
s56-59
Gives applicant and their children the right to stay in their house (if rental property and regardless who’s name is on the lease)
What is an Äncillary Furniture order?
s62-65
If applying for an Occupation or Tenancy Order can also apply to have possession of all furniture/household items
What is a Furniture order?
s66-70
If applying for a Protection Order but not occupation/tenancy order can get exclusive possession of all furniture /household items through this.
Conditions relating to firearms
s21
- Must not possess or have under their control any weapon
- Must not hold firearms licence
- Must surrender firearms and licence to police within 24 hrs
(also applies to any associated respondents)
A court can modify conditions if:
- the protected person consents to modification
- whether its necessary for protection of protected person
- whether domestic violence is related to weapons
- nature and seriousness of domestic violence and how recently it occured
- effect on respondent if variation not accepted
Protection Order Offences …
s49(1)(a) do any act in contravention of a protection order
2 yrs prison
s49(1)(b) fails to comply with conditions
2 yrs prison
s49A(1) fail to comply with direction to attend a programme
6 months prison/$5000 fine
What section does our Power of Arrest come from?
Sec 50 Domestic Violence Act 1995
where a protection order in force, any constable may arrest without warrant if has good cause to suspect:
- s50(a) contravened order by doing any act forbidden
- s50(b) failed to comply with conditions
** no power to arrest if fail to attend programme but can arrest under s315(2)(b) CA but needs WEEP
If respondent is arrested for breaching protection order what are the bail conditions?
Bail Act 2000
Sec 23
Person must not be released on bail for 24hrs after arrest
What is the definition of family violence?
is violence against a person by another person with who that person is, or has been, in an intimate relationship, or who is a family member of that person
