Protection Orders Flashcards
In relation to PO what will Police ensure
- Robust info sharing, collaboration risk assessment and safe service delivery practices for PO will be developed and implemented in conjunction with courts
- Police will demand all firearms and licences
- Staff safety is paramount when determine appropriate methods to seize FA or licences
- Officer serving PO will notify victim
- All breaches of PO will be taken seriously and if sufficient evidence the offender will be arrested and prosecuted
Does a YP aged 18 and older remain protected by PO until they leave home or order is discharged
Yes
Can a PO be taken out on a child aged 16 or over
Only in special circumstances and satisfied child is aged 16 and over
Can a district court issue a PO
Yes as long as judge convinced victim does not object. Court can detain person in order to serve not exceeding 2 hours sec 52
Under sec 123B of sentencing act can a final PO be issued
Yes if offender convicted of an offence involving FV if satisfied order is necessary for victims protection and victim does not object
What are the non violence conditions
It is a condition of every PO that the respondent must not
- Engage in FV against victim
- Make any contact that is not authorised
- Encourage any person to engage in behaviour against or make contact with protected person where behaviour if engaged would be prohibited by the order
From 1 July 2019 the definition of FV has widened to include what
- Ill treating a pet
- Harassing behaviour
- Disrupting the care of someone who needs it
Also includes
- One act or several acts that form a pattern of behaviour
- Coercion or controlling behaviour
- Dowry related abuse
Under sec 91 what are the standard non contact conditions
The victim may suspend or reinstate standard no contact conditions any number of times
When is contact not a breach
- In an emergency
- Permitted under any order or written agreement regarding child custody
- Permitted under any special condition of PO
- Necessary for the purposes of attending FGC
- Necessary to attend court
If a victim agreed to consent for contact how do they give consent
In writing via email letter text or other digital message sec 94
When is a firearms license revoked
When an order becomes final under sec 99