Protection Orders

Question 1

When must Police serve protection orders?

Answer 1

• the respondent holds a firearms license
• the respondent is believed to be in possession of or have access to firearms
• service is assessed as being a significant risk to the server
• the protection order is granted without notice

Question 2

What must Police ensure upon serving a protection order?

Answer 2

• robust information sharing will be developed
• police will demand the surrender of, and will seize all, firearms and firearms license
• staff safety will be paramount
• the victim will be contacted post service
• all breaches will be taken seriously and if there is sufficient evidence the offender will be arrested and prosecuted for the breach.

Question 3

Who does the protection order automatically afford protection to?

Answer 3

The applicant and any child of the applicant’s family

Question 4

How long does an ‘adult child’ (person aged 18+) remain protected under the order?

Answer 4

Until they leave home or the order is discharged

Question 5

Who issues protection orders?

Answer 5

The family court and can only be discharged by the court

Question 6

When can a district court issue protection orders?

Answer 6

• If a person has breached a PSO
• When sentencing a FV offender and the court believes it is necessary for the victim’s protection AND the victim does not object

Question 7

List some standard non-violence conditions

Answer 7

A respondent must not:

• engage in behaviour that amounts to any form of family violence against the protected person
• make any contact with the protected person that is not authorized
• encourage any person to do the above on their behalf

Question 8

Describe how the definition of family violence has been widened

Answer 8

Widened to include:

• ill-treating a house pet or other animal that is important to someone or their family
• harassing behaviour
• acts that form a pattern of behaviour
• coercion or controlling behaviour
• dowry related abuse

Question 9

List some types of contact that are NOT considered a breach

Answer 9

Contact that is:

• reasonably necessary in an emergency
• permitted under any order or written agreement regarding contact, care or custody of a child or young person
• permitted under any special condition of the protection order
• necessary for the purposes of attending an FGC
• necessary to attend court

Question 10

If a protected person wanted contact, how would this be authorized?

Answer 10

Through express consent - email, letter, text or other digital message