Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

355 > Protection Orders > Flashcards

Protection Orders Flashcards

1
Q

Protection orders are ___ to the Family violence Act 2018

A

Key

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Protection orders are a civil remedy made by ______

A

The family court (in some cases the district court)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the Family Violence acts aims?

A

to protect victims from FH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

Specified persons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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

A

Standard

suit the particular circumstances which may be added to these

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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
A

-has been , is
-capability
organisation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Can a child apply for a Protection Order?

A

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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A

16 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A

THe respondant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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?

A

They do not contain standard condition pertaining to weapons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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?

A

the respondent is deemed to have committed the behaviour personally

17
Q

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

A
  • 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
18
Q

What must the court direct the respondent to attend?

A

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

19
Q

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

A

that contact is minimised between the parties

20
Q

All orders contain a condition for what?

A

Weapons and firearms licences.

21
Q

What can the court make conditions relating to?

A

Property and special conditions

22
Q

What are the three standard conditions of a PO

A

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
23
Q

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

A

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

24
Q

What is the definition of encourage?

A

Incite, counsel or procure

25
Q

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?

A

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
26
Q

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

A
  • 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
27
Q

When will police demand the surrender of firearms?

A

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

28
Q

Describe the offence: Contravening (breaching) a PO

A

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.

29
Q

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

A

No

30
Q

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

A

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

31
Q

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

A

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
32
Q

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

A
  • evidence of the existence of a PO
  • evidence a breach has occurred, and
  • evidence that the respondent is responsible for the breach
33
Q

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

A

Yes

34
Q

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?

A

24 hrs

35
Q

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

A

Yes

36
Q

quickly must the respondent be brought before the court?

A

as soon as possible

37
Q

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

A

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.

38
Q

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?

A

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

39
Q

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

A

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

355 (24 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions