Protection Order Flashcards
Definition of ‘respondent’ and ‘applicant’
Applicant is the person applying for the protection order. Usually the victim
Respondent is the perpetrator.
Usually in a family relationship.
Standard conditions of a PO are
Usually the respondent attending a specified programme about violence.
Condition to have no contact between parties, unless living in the same dwelling.
Conditions about weapons and firearms licences.
Law regarding respondent surrending their firearms and licence
All firearms must be surrendered and a firearms licence is deemed suspended when a temporary order is made and revoked on making a final order.
How long until a temporary order becomes final?
3 months
Respondents special bail requirements after breach arrest
The person must not be released on bail by police during the 24 hours immediately following the arrest.
What power to search for and seize firearms when a PO is in existence.
Search and Surveillance Act 2012 section 18
Powers to arrest dealing with a breach of PO
Section 113 of the family violence act 2018
Powers to search and seize firearms wheb a PO is in existence?
SaS 12 section 18
Consider revoking the firearms licence under 27 and 27a Aact 98