Protection, and Police Safety Orders Flashcards
Child means
Someone under 17years,
Unless they have been married, civil union, or a de facto relationship; they are a minor
Minor means
A person between 17 and 19 years old,
or,
Someone under 17 that has been married, civil union, or defacto relationship
Protection Orders Child v Minor
Child needs assistance/approval and supervision to apply for a protection order
A minor may apply for a protection order and it will be enforced as if they were an adult [+20yrs]
Physical Abuse
Assault, Actual Physical Harm to person or persons
Sexual Abuse
Assault of a sexual nature e.g. Rape, Unlawful Sexual Connection
Psychological Abuse
Any incidents of intentional, or sustained mental attack/abuse
Including: Intimidation, Harrassment, Damage to Property, Threats of Abuse, including to involve a minor or child in the abuse, or threaten the involment
Domestic Relationship
A person living with another person and approximately in contact on a daily basis,
or
involved in a continuing relationship with a person.
Grounds for Protection Order
Two things must have occurred:
An instance of Family Violence
and,
The Order is necessary for Protection of Applicant, Child of Applicant, or Both
[Respondent is deemed to have committed FV if they encourage others to engage in FV type behaviours]
Protection Order Refusal
This cannot occur until consideration of:
- Nature and seriousness of behaviour that resulted in application
- The effect of the behaviour
- Whether “trivial” behaviour is actually part of a pattern of micro aggression, or escalating aggression, that amounts to a need for protection
Temporary Orders
A temporary application may be requested and accepted without notice.
Once accepted the order is immediately in effect and the respondent has 3 MONTHS to CHALLENGE, or APPLY for PROVISIONS
Standard Protection Order Conditions
No Violence:
No abuse of any type, no encouragement of abuse to by other parties
No Contact:
If NOT living TOGETHER, automatic NO CONTACT,
but,
CONSENT can be GIVEN to reside, this SUSPENDS the non-contact PROVISION
and,
No proximity, hindrance, prevention of access of normal comings and goings of protected persons daily life
No Weapons:
No possession, or control of any type of Arms Act 1983 related weapon/instrument/item
or,
No firearms licence.
[SURRENDER WEAPONS and LICENCEs within 24HRS of PROTECTION ORDER SERVICE]
[TEMPORARY ORDER = SUSPENDED LICENCE
and,
FINAL ORDER = REVOKED LICENCE]
ASSOCIATED RESPONDENTS ARE INCLUDED IN PO CONDITIONS
Associated Respondet
If the COURT DECIDES that an ASSOCIATE of the RESPONDENT has EXHIBITED VIOLENT BEHAVIOUR towards APPLICANT,
They can be INCLUDED in the PROTECTION ORDER
Surrender of Firearms
As soon as practical once SERVED,
SURRENDER FIREARMS, 24 HOURS MAX, Or, ON DEMAND this includes, any WEAPON, any LICENCE
Upon TEMPORARY approval, LICENCE SUSPENDED
and
Upon FINAL order,
LICENCE REVOKED
[A provision, or change to standard protection orders can be made to allow use of firearms, if respondent can provide reason to keep weapons and prove applicant will be safe]
Power to Arrest for Protection Order Breach
Anyone who with NO REASONABLE EXCUSE fails to comply with a Protection Order,
May be ARRESTED by power of Section 50 DVA, 1995.
Constable with GC2S: CONTRAVENTION of a protection order,
or,
FAILURE TO COMPLY with CONDITIONs of protection order
WEEPS related Power of Arrest
A constable may arrest a respondent/offender of/against a protection order through CA 1961, s315(2)(b) if justified for:
- Witness protection and prevention of interference
- Ensure appearance of offender in court
- Exhibits protected from CADD
- Prevent further Offending
Police Safety Order
Any Constable may issue a PSO if Authorised by a Sergeant at Effective rank, Not Equivalent.
Police Safety Order,
Arms Search and Seizure
Section 18 of Search and Surveillance Act 2012 authorises:
if RG2S, a person that PSO is inforce, required, or grounds for PO,
the person has possesion, or control of Arms Act related Weapons, or Licence,
Authorised to;
ENTER
Place or Vehicle,
SEARCH,
Person, Vehicle, Place, Possessions
SEIZE, or DETAIN
any ARMs and LICENCEs found
PSO post Arrest
This cannot occur.
Any offence that has sufficient evidence for arrest then an arrest should occur and restrictions be placed through bail, or courts.
If arrest occurs for NON RELATED offence, PSO may still be issued
PSO and At Risk Person Consent
Police may issue a PSO without consent, this avoids blame being placed on the at risk person for PSO action.
Detain for PSO issue
A constable may DETAIN for intended issue of PSO, 2HRS MAX.
May be detained at address found, or police station.
BoR Caution must be advised, due to detainment.
If person fails to remain, they may be arrested for failure to remain, if PSO is not issued after this, they can be charge for the fails to remain offence [124i (2)(b) + 124i(3)]
Firearms and Issue of PSO
When issue of PSO occurs,
Person must Immediatly surrender to a constable:
Any Arms Act related weapons and licences
Conditions of PSO
Person must Immediatly:
Vacate land occupied by at risk person, regardless of legal interests.
Cease Contact and not engage in Abuse of any type, including encouragement of other parties
Avoid proximity, hindrance, stopping to, or of at risk person in daily life
Not remain on any land that at risk person is also present
these provisions may only be breached in case of genuine emergency and reasonably necessary to contact in some form.
Length of PSO
PSO last from moment it is issued, to a
MAXIMUM of 5DAYS
Time limit for issue of PSO
If PSO is NOT ISSUED within 48HOURS the PSO LAPSES until ANOTHER instance RELATED occurs
Breach of PSO
Anyone who breaches a PSO, may be;
TAKEN into CUSTODY, using reasonable force, to bring before the Courts
If they cannot be brought before the courts within 24hrs, they must be released from custody. Then Served Summons to court.
