Protection Orders Flashcards
Applicants for protection orders may be which people?
A person who is in a domestic relationship with another person
The representative for a child on the child’s behalf
The representative of a person lacking capacity on that persons behalf
A third party on behalf of the victim
(Note when a child turns 17 they will need to apply for a new protection order)
Before granting a Protection Order the court must be satisfied that…
There was family harm by the respondent to another and;
The order is neccesary for the protecting of the applicant or the applicants child or both.
Before refusing to grant the protection order what must the courts consider?
The perception of the applicant or the child of the applicants family, of the nature and seriousness of the behaviour in respect of which the application is made
The effect of that behaviour on the applicant or the child
Does the action sound trivial or minor? Is it something the applicant or child need to be protected from?
How long before a temporary order becomes permanent?
After three months unless the respondent notifies the court that they wish to be heard of whether a final order should be substituted for a temporary order or;
Applies under any of the various provisions for variation or discharge
What are the standard conditions that can be imposed with a protection order?
Violence - any violence of any form is a breach of the order
Contact - contact in any way is a breach of the order
Weapons - the respondent should have no weapons nor a firearms license.
Can the protection order include that of the responders associates?
Yes, it must be proven that the third party encourages behaviours towards the applicant
What offences are there against protection orders?
49(1)(a) - do any act in contravention of a protection order.
49(1)(b) - fail to comply with any condition of a protection order.
What is the 24 hour cool off period? With breaches of protection orders?
When a person is arrested for breaching a protection order they must not be released on bail until 24 hours after. They can then be released on police bail and can impose conditions to protect the applicant, the applicant must also be made aware.
