Protection Orders Flashcards
The Protection Order is the key to the Domestic Violence Act.
What does it mean?
- It is the means by which THE ACT AIMS TO PROTECT VICTIMS FROM DOMESTIC VIOLENCE.
- Protection will be given to specified persons - may include children of the applicant.
- Protection Order (full order) includes a Temporary Order (without notice, gives respondent time to make a case).
- When a Protection Order is granted it will have certain standard conditions
Who is APPLICANT and who is the RESPONDENT?
Applicant - person applying for the Protection Order.
Respondent - person receiving (who the order is against) the Protection Order.
What are the standard conditions of a Protection Order?
Non violence
Non contact (where parties are NOT living in the same house)
Non weapons
THESE ARE THE SAME AS PSO
Who can apply for a Protection Order?
- A person who is in a domestic relationship with the other person
- The representative of a chikd on the child’s behalf.
- The representative of a person lacking capacity on that person’s behalf.
- A third party on behalf of the victim.
An application can also be made against who?
- Another person whom the applicant or is has been in a domestic relationship with
- can include respondents’s associates.
Cannot be brought against a child (unmarried person under age 17 years).
What are the grounds for a Protection order?
Before granting a protection order, the courts must be satisfied that:
- There was a domestion violence by the respondent or another
- The order is necessary for the protection of the applicant or the applicant’s child or both
Applications may be with or without notice. Explain this?
WITH NOTICE means that the respondent is aware the Protection Order is being taken out.
WITH OUT NOTICE MEANS that the respondent is NOT PRESENT or UNAWARE that an application is being made.
Firearms licences held by the respondent are deemed to be:
- Suspended when a temporary Protection Order is issued; and
- Revoked when a Protection Order becomes a Final Order
NB: Once firearms seized, licence must be handed over immediately or at the latest 24hrs.
What is your Power of Arrest under the Domestic Violence Act 1995?
Section 50
Where a Protection Order is in force, any constable may arrest, without warrant, any person who the constable has good cause to suspect has - Section 50(a): contravened the protection order; Section 50(b): failed to comply with any condition of the protection order.
Section 49: Offence to contravene protection order:
1) Every person commits an offence who, without reasonable excuse:
(a) Does any act in contravention of the protection order; or (POA = section 50)
(b) Fails to comply with any condition of the protection order. (POA = section 50)
A (1) Fails to comply with the direction to attend a programme. (POA = CA 1961, S 315)
Under section 49, what is a defence in a prosecution?
If the defendant can prove that he or she has a reasonable excuse for breaching the protection order.
Bail Conditions
Where a person who has been arrested for breaching a protection order, they must not be bailed by police during the 24 hours following the arrest (must however be taken to court as soon as possible…Bail Act 2000, s23).
Associated orders relating to Property are?
- Occupation order - entitles applicant (and children) to live in the specified house without respondent. Applies to owned homes.
- Tenancy order - makes applicant sole tenant of a rented house.
- Ancillary furniture order - entitles applicant to eclusive possesion and use of specified furniture and household effects in the home.
- Same effect as an Ancillary Order as it entitles the applicant when protection order has been applied for but no applications for tenancy or occupation orders have been made.
An order without notice is a temporary order in the first instance and it becomes final when?
- THREE MONTHS from the date it was made unless the respondent notifies the court that they have something to say or applies under various provisions for variation or discharge.
