Protection Orders Flashcards

1
Q

In relation to PO what will Police ensure

A
  1. Robust info sharing, collaboration risk assessment and safe service delivery practices for PO will be developed and implemented in conjunction with courts
  2. Police will demand all firearms and licences
  3. Staff safety is paramount when determine appropriate methods to seize FA or licences
  4. Officer serving PO will notify victim
  5. All breaches of PO will be taken seriously and if sufficient evidence the offender will be arrested and prosecuted
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2
Q

Does a YP aged 18 and older remain protected by PO until they leave home or order is discharged

A

Yes

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3
Q

Can a PO be taken out on a child aged 16 or over

A

Only in special circumstances and satisfied child is aged 16 and over

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4
Q

Can a district court issue a PO

A

Yes as long as judge convinced victim does not object. Court can detain person in order to serve not exceeding 2 hours sec 52

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5
Q

Under sec 123B of sentencing act can a final PO be issued

A

Yes if offender convicted of an offence involving FV if satisfied order is necessary for victims protection and victim does not object

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6
Q

What are the non violence conditions

A

It is a condition of every PO that the respondent must not

  1. Engage in FV against victim
  2. Make any contact that is not authorised
  3. Encourage any person to engage in behaviour against or make contact with protected person where behaviour if engaged would be prohibited by the order
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7
Q

From 1 July 2019 the definition of FV has widened to include what

A
  1. Ill treating a pet
  2. Harassing behaviour
  3. Disrupting the care of someone who needs it

Also includes

  1. One act or several acts that form a pattern of behaviour
  2. Coercion or controlling behaviour
  3. Dowry related abuse
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8
Q

Under sec 91 what are the standard non contact conditions

A

The victim may suspend or reinstate standard no contact conditions any number of times

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9
Q

When is contact not a breach

A
  1. In an emergency
  2. Permitted under any order or written agreement regarding child custody
  3. Permitted under any special condition of PO
  4. Necessary for the purposes of attending FGC
  5. Necessary to attend court
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10
Q

If a victim agreed to consent for contact how do they give consent

A

In writing via email letter text or other digital message sec 94

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11
Q

When is a firearms license revoked

A

When an order becomes final under sec 99

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