Protection Order PO

Question 1

Who can apply for a PO?

Answer 1

A person who is/was in a DOMESTIC RELATIONSHIP with another person, a REPRESENTATIVE OF A CHILD on a child’s behalf, a REPRESENTATIVE OF A PERSON lacking capacity, THIRD PARTY on behalf of a victim

Question 2

Who can an application for a PO be made against?

Answer 2

person whom has been in a DOMESTIC RELATIONSHIP, can include the RESPONDENTS ASSOCIATES, CANNOT be made against A CHILD

Question 3

What is so important about PO?

Answer 3

Is KEY to the DVA 1995 by which the Act aims to PROTECT victims from DV

Question 4

If the offender cannot be taken to court within 24hrs for breaching a PO, POLICE CAN BAIL THE PERSON if?

Answer 4

AUTHORISED BY AN NCO, Police can IMPOSE CONDITIONS OF BAIL including CURFEW, NON ASSOCIATION to protect the victim/children, NOT INTERFERE with EMPLOYMENT, BREACHES MUST BE TREATED SERIOUSLY, offenders must be kept in Police custody, INFORM VICTIM of offenders impending release

Question 5

When does a temporary order become final?

Answer 5

After 3mnths from the date it was made UNLESS the RESPONDENT NOTIFIES the COURT that they have something to say or APPLIES under any of the various provisions FOR VALIDATION or DISCHARGE

Question 6

When a person is arrested for a breach of PO, what MUST happen?

Answer 6

24hr COOLING-OFF period. MUST not be bailed by Police during the 24hr period immediately following the arrest, MUST be taken to court ASAP (Bail Act 2000, S.23).

Question 7

POA

DVA 2000, S.50, (a) and (b)

Answer 7

where a PO is in force, any constable may arrest without warrant any person who the constable has GCTS has; (a) CONTRAVENED the PO (b) FAILED to COMPLY with any condition of the PO

Question 8

DVA 2000, S.49A(1)

Answer 8

Fail to comply with a DIRECTION to attend a programme. Penalty 6mnths IMP/$5,000

Question 9

FLICNO (firearms licence) held by the respondent are deemed to be what?

Answer 9

SUSPENDED when a TEMPORARY PO is issued, S.21(2)(a), REVOKED when the PO becomes a FINAL ORDER S.21(2)(b)

Question 10

4) Situations where SS Act 2012 give POLICE POWER to REMOVE/SEIZE FIREARMS/FLICNO?

Answer 10

1) where a PO is in force
2) where there a grounds to make an application for a PO
3) PSO is in force
4) RGTS firearms are on the premises (SS Act 2012, S.18(2)(c)(i) or (ii)

Question 11

Grounds for granting a PO, the court must be satisfied that;

Answer 11

There WAS FV BY THE RESPONDENT or another, the ORDER is NECESSARY for the PROTECTION of the applicant/child

Question 12

Child means?

Answer 12

• person under 17yrs

- NOT in a married/defacto relationship

Question 13

Domestic Violence means?

Answer 13

VIOLENCE AGAINST ANY PERSON by any other person with whom the first person is, or has been IN A DOMESTIC RELATIONSHIP

Question 14

Standard conditions against VIOLENCE - 1/4?

Answer 14

A respondent MUST not;

- PHYSICALLY SEXUALLY AND PSYCHOLOGICALLY ABUSE the protected person

Question 15

Standard conditions against VIOLENCE - 2/4?

Answer 15

THREATEN to PHYSICALLY, SEXUALLY OR PSYCHOLOGICALLY ABUSE THE protected person

Question 16

Standard conditions against VIOLENCE - 3/4?

Answer 16

DAMAGE OR THREATEN to damage the PROPERTY of the protected person

Question 17

Standard conditions against VIOLENCE - 4/4?

Answer 17

ENCOURAGE ANY PERSON TO DO ANY OF THE ABOVE

Question 18

Standard conditions against CONTACT - 1/2?

Answer 18

Where parties are not living at the same dwelling house, there is an AUTOMATIC NON-CONTACT CONDITION (S.19(2)).

Question 19

Standard conditions against CONTACT -2/2?

Answer 19

Must not WATCH/LOITER/NEAR or PREVENT/HINDER ACCESS to or from wherever the PAR LIVES/WORKS. FOLLOW/STOP/ACCOST the PAR in any place, ENTER/REMAIN where PAR is present without CONSENT. CONTACT PAR in any form unless for emergencies i.e text, phone, fb

Question 20

Conditions relating to weapons and firearms (1)

Answer 20

MUST NOT POSSESS any weapon, firearm, airgun, pistol, restricted weapon, ammunition or explosives Arms Act 1983

Question 21

Conditions relating to weapons and firearms (2)

Answer 21

The respondent MUST not hold a FLICNO and to SURRENDER ALL weapons/firearms to Police within 24hrs of receiving PO

Question 22

Conditions relating to weapons and firearms (3)

Answer 22

FLICNO is deemed to be SUSPENDED/REVOKED

Question 23

Conditions relating to weapons and firearms (4)

Answer 23

Condition relating to weapons being surrendered ALSO APPLY TO THE RESPONDENTS ASSOCIATES

Question 24

Other orders that apply include?

Answer 24

Occupation, Tenancy, Ancillary furniture and furniture order

Question 25

Minor means?

Answer 25

• under 17 and IS in a relationship

- 17-19yrs

Question 26

Occupation Order

Answer 26

Gives the person and their child THE RIGHT to personally and exclusively OCCUPY the DWELLING house

Question 27

Tenancy Order

Answer 27

Gives the applicant the TENANCY of any DWELLING HOUSE of which the other party is the sole tenant or a tenant holding jointly or in common with the applicant

Question 28

Ancillary Furniture Order

Answer 28

POSSESSION and USE of the FURNITURE, household APPLIANCE and HOUSE EFFECTS in the dwelling. TEMPORARY ORDER lasts for 3MNTHS from the date made. FINAL ORDER lasts 6MNTHS

Question 29

Furniture Order

Answer 29

Different from Ancillary Order. Maybe applied for where a person applies for a PO but DOESN’T apply for an OCCUPATION or TENANCY Order

Question 30

Defined under DVA 2000, S.3 Violence means?

Answer 30

3 types of abuse = physical, sexual and psychological abuse

Question 31

Physical abuse means?

Answer 31

Assault, actual or physical harm

Question 32

Sexual abuse means?

Answer 32

Assaults of a sexual nature

Question 33

Psychological abuse means?

Answer 33

INTIMIDATION, harassment, damage to property, THREATS OF physical, sexual and psychological abuse

Question 34

DVA 2000, S.3(3) psychological abuse in relation to a child means…1/3

Answer 34

Causes/allows a child to see/hear/physical/sexual/psychological abuse of a person whom the child has a domestic relationship with

Question 35

DVA 2000, S.3(3) psychological abuse in relation to a child means…2/3

Answer 35

Puts the child/allows child to be put at real risk of seeing /hearing abuse occurring

Question 36

DVA 2000, S.3(3) psychological abuse in relation to a child means…3/3

Answer 36

The person who suffers from the abuse is NOT regarded for the purpose of this subsection as having/caused/allowed the child to see/hear the abuse/allowed the child to be at risk of seeing/hearing the abuse

Question 37

Domestic relationship includes…

Answer 37

a) PARTNERS-man and women living together
b) FAMILY members-mother and son
c) people who ordinarily SHARE A HOUSEHOLD-flat mates
d) CLOSE PERSONAL relationship-same sex, boy/girlfriend but NOT employee-employer OR tenant-landlord

Question 38

What is it deemed if the respondent encourages another to engage in FV?

Answer 38

If the respondent encourages another to engage in behaviour amounting to domestic violence, the respondent is deemed to have committed the behaviour personally.

Question 39

DVA 2000, S.21 Condition of the protection order is that?

Answer 39

Not POSSESS/have in their control ANY WEAPONS and must not hold a FLICNO. MUST SURRENDER ALL FIREARMS within 24hrs or will be arrested for breach of PO