Protection Orders

Question 1

Protection orders are ___ to the Family violence Act 2018

Answer 1

Key

Question 2

Protection orders are a civil remedy made by ______

Answer 2

The family court (in some cases the district court)

Question 3

What is the Family Violence acts aims?

Answer 3

to protect victims from FH

Question 4

What is the name for the person that is on the protection order, and may include a child or the applicants family?

Answer 4

Specified persons

Question 5

When a protection order is granted, it will have certain _____ conditions, and other conditions designed to _______

Answer 5

Standard

suit the particular circumstances which may be added to these

Question 6

Who may apply for a protection order?

• a person who ___ or ___ in a family relationship (an applicant)
• the representative of a person lacking the ___ on that persons behalf
• a representative or an approved _____ on behalf of an applicant i.e women’s refuge

Answer 6

-has been , is
-capability
organisation

Question 7

Can a child apply for a Protection Order?

Answer 7

A child can apply for a protection order by:

• an approved representative on the child’s behalf
• if aged 16 years and over, can make an application without a representative
• if authorised by the court to do so without a representative

Question 8

What is the minimum age for a person to apply for a PO without a representative?

Answer 8

16 years

Question 9

A child of the applicant that is included in a PO under certain conditions. what happens when they turn 18?

Answer 9

One the child turns 18 they will continue to be protected by the order if they ordinarily or periodically reside with the applicant

Question 10

What is the best practice to make sure a child is still protected by a PO if they dont live ordinarily or periodically at the applicants address?

Answer 10

ensure YP not living at home are listed on the order as a specified person

Question 11

Can a PO be made against a child? If so what are the conditions?
And what is an alternative method of dealing with CYP?

Answer 11

Yes, if the court is satisfied that the child is ages 26 years or over, and that the order is justified by special circumstances.
alternatively they should be dealt with under the provisions of the CYP and their families act 1989

Question 12

What is the name of the person who the PO is made against?

Answer 12

THe respondant

Question 13

Applications can be made with or without notice, but most are made without notice, What does this mean?

Answer 13

the respondent is not present when, or aware that, the application for a PO is being made

Question 14

Old orders - non-violence and non-molestation orders, were previously granted under the Domestic Protection act 82. Where these existed at the same time as the domestic violence act came into force, they are to be treated as though they are a PO under the new act with what exception?

Answer 14

They do not contain standard condition pertaining to weapons

Question 15

What are the two main things a court will look at before granting a PO?

Answer 15

• Whether the respondent has, or is, afflicting violence against the applicant or a child of the applicants family, or both
• the order is necessary for the protection of the applicant, or the applicants child or both

Question 16

What happens is a respondent encourages another person to engage in behaviour that if done by the respondent, would be considered F violence against the applicant, a child of the applicant or both?

Answer 16

the respondent is deemed to have committed the behaviour personally

Question 17

What are the 3 things the court considers before deciding to decline a PO?

Answer 17

• applicants/applicant children or both perception of the nature or seriousness of the behaviour
• the affect of that behaviour
• if the behaviour seems trivial/minor, but nevertheless forms part of a pattern of behaviour that protection from is required

Question 18

What must the court direct the respondent to attend?

Answer 18

A specified programme aimed at preventing the respondent from engaging in violence
unless the court finds there is good reason for them not to do this

Question 19

what is the further condition when both parties reside at the same place?

Answer 19

that contact is minimised between the parties

Question 20

All orders contain a condition for what?

Answer 20

Weapons and firearms licences.

Question 21

What can the court make conditions relating to?

Answer 21

Property and special conditions

Question 22

What are the three standard conditions of a PO

Answer 22

Violence
- respondent must not abuse, threaten to abuse person or property or encourage any person to do these

Contact

• If NOT living together, auto no-contact condition
• if living in the same house the no-contact provision is suspended
• respondent may not: watch, hinder access, follow, stop, contact via letters, email, other digital comm. unless it is REASONABLY NECESSARY in an emergency or is permitted under a custody or access order, or under a special condition

Weapons

• R must not posses/have control of any weapons (any firearm, airgun, pistol, prohibited part, ammo or explosive)
• R must not hold a firearms licence and must surrender weapons and licences as soon as practicable after service of PO, but no later that 24 hrs; OR on demand, at any time, by a constable
• a firearms licence is deemed to be suspended when a temp. oder is made and revoked on the making of a final order
• the weapons condition will also apply against an associated respondent

Question 23

Can an order be made against a third party, such as the respondents associates?

Answer 23

Yes, but before doing so the court must be satisfied that the respondent ‘encouraged’ or is still encouraging the third party to engage in behaviour against the protected person that would amount to FV

Question 24

What is the definition of encourage?

Answer 24

Incite, counsel or procure

Question 25

What are the two conditions that the court must be satisfied with to grant orders for occupation or tenancy of a shared household or furniture etc?

Answer 25

that: - the A (applicant) and R (respondent ) have lived in that dwelling at the same time - the A is/will be living in the dwelling house when the PO is made

Question 26

What will the court consider when modifying the terms of standard conditions relating to weapons?

Answer 26

- Whether the weapons condition in necessary for the protection of the protected person - whether protected person consents to this modification - nature and seriousness of the harm - effect on R if variation is not accepted

Question 27

When will police demand the surrender of firearms?

Answer 27

At the time of service if the PO. R who fail to surrender on demand all firearms in their possession or their firearms licence may be arrested for breach of the PO

Question 28

Describe the offence: Contravening (breaching) a PO

Answer 28

The R doing and act prohibited by the PO e.g entering/remaining on property occupied by protected person Whether the respondent knows of the orders existence does not affect its validity. Once signed by a just it is in force. However the respondent must know of its existence if criminal charges are to be filed for breaching that order.

Question 29

Does the respondent need to be formally served the PO to know of its existance?

Answer 29

No

Question 30

What are the two offences regarding a PO under Section 112(1) of the FV act 2018?

Answer 30

S112(1) it is an offence for a person to, without reasonable excuse: - s112(1)(a) : do any act in contravention of a PO - s112(1)(b) : fail to comply with any condition of a PO Liable to 3 years imprisionment under these

Question 31

Where does the power for arrest for a PO breach/offence against a PO?

Answer 31

For breaches of s112(1)(a) or (b) your power of arrest comes from S113 FV act 2018 - where a PO is in force, any constable may arrest WW any person whom the constablre has GCTS (good cause to suspect) - s113(a) contravened the PO - s113(b) failed to comply with any condition of the PO

Question 32

What are the 3 things needed for good cause to suspect?

Answer 32

- evidence of the existence of a PO - evidence a breach has occurred, and - evidence that the respondent is responsible for the breach

Question 33

Is evidence gained from the protected person or a third party sufficient to gain GCTS?

Answer 33

Yes

Question 34

Where a person is arrested for breaching a PO, they must not be released on bail by a member of police during how many hours immediately following the arrest?

Answer 34

24 hrs

Question 35

Can the respondent attend court and be released on bail within that 24 hours?

Answer 35

Yes

Question 36

quickly must the respondent be brought before the court?

Answer 36

as soon as possible

Question 37

What happens if the arrested person is not brought before the courts within 24 hours?

Answer 37

at the end of that time they may be released on police bail. Police can impose conditions of bail, including curfew provisions, and non-residency and non-association clauses.

Question 38

Are the conditions imposed on a police bail affect the persons employment, such as having to be home by 5pm when the person doesn't finish work until 6pm?

Answer 38

No, the police bail conditions can not affect the persons employment

Question 39

What must the victim be informed of when deciding to release the person on police bail?

Answer 39

The protected person must be informed of the intention to release the offender and given the opportunity to comment on any conditions of bail that may be imposed on the offender