Protection Orders Flashcards
Define Respondent
The person the PO is sought against with whom the applicant had had a family relationship
Define applicant
The person the PO protects. The applicant applies for the PO. They need to have been or be in a family relationship with the respondent and includes flatmates
What are the standard conditions of a protection order?
Violence:
Respondent must not do or threaten violence or have anyone else do so to the applicant or their property
Contact:
When parties do NOT live together there is automatically a non-contact condition. If they are living together (with consent of the applicant) this non-contact condition is suspended.
Contact is watching, loitering, preventing access to any place often visited.
Following stopping or accosting them
Entering or remaining on property of the protected person without their consent.
Weapons:
Respondent may not have or possess or have under their control any weapon (firearm, air gun, explosive, restricted magazine or ammunition)
Must not hold a firearms license
What must a respondent do when served with a TPO in regards to firearms?
Must surrender weapons and licenses to police after service or as soon as practicable (no later then 24 hours)
A firearms license is suspended under a TPO and then revoked under a FPO
What length of time after a temporary protection order does it become final?
3 months
What are the special bail requirements following a respondents arrest for breaching a PO?
24 hour cooling off period (cannot be bailed by police)
Protected person must be informed of the intention to release and given opportunity to comment on imposed bail conditions upon release.
What is Polices power to search for and seize firearms when a PO exists or ground for an application exist?
Section 18 of SASA 2012 (Must SUSPECT)
Police demand surrender of all firearms and firearms license (section 100)
If they fail to surrender any of the above they can be arrested for breach of PO (section 113)
