Protection orders Flashcards
When must police serve protection orders?
- When the respondent holds a firearms license
- The respondent is believed to be in possession of or have access to a firearm
- When there is significant risk to the server
- When the protection order is granted without notice.
What is the condition of every protection order in relation to weapons?
The respondent must not possess or have any weapon (firearm, airgun, pistol, restricted weapon, ammunition or explosive) under their control or hold a firearms license.
When must the respondent surrender weapons to Police?
As soon as practicable after the protection order is served on them (and within 24 hours of the service)
and
on demand made it any time by the constable.
What happens to a persons firearms license where a protection order is requested?
Any firearms license held by the respondent will be deemed to be suspended.
When the protection order becomes final, the license is deemed to be revoked.
Can police approve the issue of a firearms license while there is a protection order against the applicant?
No.
What must you do if you identify someone who has a protection order and a firearms license?
You must notify an inspector or above to consider revocation of the firearms license under section 27 of the arms act 1983.
What should Police do if they become aware of a protected person seeking to discharge a protection order?
Every effort should be made to oppose the application when history of the parties indicates the protection order should stay in place.
What is the purpose of a protection order?
Automatically affords protection to the applicant and any child of the applicants family. The child remains protected by the order until they leave home or the orders discharged. Adult children not living with the applicant must be identified on the order as a specified person, or apply to the court for an order as a person.
Can an applicant take out a protection order against a child?
You can if the child is 16 years old or over and the order is justified in special circumstances.
Violent children or young person should be dealt with by the provisions of the OT act.
Who issues protection orders?
The family court. Protection orders issued by foreign courts may also be registered in New Zealand.
The district court can issue protection orders that have the same effect as those created by the family court. E.g. the district court can enter a temporary protection order if a person fails to comply with the police safety order. The judge must be convince the victim does not object
Can a protection order be issued when sentencing an Offender?
Yes. If an offender is convicted of an offence involving family violence and the court is satisfied that the order is necessary for the victims protection and the victim does not object to the order
Changes were introduced to protection orders when the family violence act 2018 was introduced. Previous protection orders granted before July 2019 now have additional standard conditions. What are they?
Consent to contact
Stopping contact
Variations to orders relating to property
New definitions of family violence, abuse and psychological abuse.
Respondents will need to follow the additional and varied conditions.
What are the non-violent conditions of a protection order?
The respondent must not engage in behaviour that amounts to any form of family violence,
Make any unauthorised contact with the protected person,
Encourage any other person to engage in that sort of behaviour.
In 2019 the definition of family violence was widened to include what?
Now includes the ill treatment of animals important to someone, harassing behaviour such as loitering, or disrupting the care of someone who needs it because of the age, disability or health condition.
Also includes one act or several acts forming a pattern of behaviour
Coercion or controlling behaviour
Dowry related abuse
Can a applicant consent to contact?
Yes but they must give their consent in writing by email, letter, text or other digital message.
