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
