GO Intervention Orders Flashcards
What is an intimate domestic relationship?
Two people are or were:
married,
domestic partners per the Family Relationships Act,
intimate personal relationship with lives interrelated and actions affect each other,
child, stepchild, grandchild of the other or
legal guardianship
What are the characteristics of IOs?
To provide protection of anyone who it is suspected will be subject to an act of abuse, or children who will be exposed to the abuse Have continuing effect Can be made agains non-residents of SA Restrain a person from doing things Require a person to do things Issued contrary to wishes Can protect more than one person
What is an act of abuse?
Act that results in:
physical injury
Emotional pr psychological harm
Unreasonable and non-consensual denial of financial, social or personal autonomy
Damage to property owned, possessed or used or otherwise enjoyed by the victim
What is emotional or psychological harm?
Mental illness
Nervous shock
Distress, anxiety or fear that is more than trivial
When do grounds exist for the issuance of an IO?
it is reasonable to suspect that without intervention the defendant will commit an act of abuse and the issuance of the order is appropriate in the circumstances
When will members initiate IOs?
When alleged abuse involves criminal offending or threat of
WILL NOT where abuse is financial, psychological or emotional
When will a PIIO be issued?
no existing DVO
Reasonable to suspect that without intervention the defendant t will commit an act of abuse
Nature of abuse indicates immediate or imminent risk of criminal offence or threat of
Issuing of the order is appropriate in the circumstances, namely IO needed urgently
Defendant is present or in custody
How are PIIOs vetted?
vetted by another member (does not have to be approving member)
No pre-existing PIIO
Correct summons time and date recorded
Name and details of persons name d in the order are correct
Listed conditions are appropriate
Required fields are complete