Protection Orders Flashcards
What grounds are necessary to obtain an Protection Order?
It is necessary to protect the applicant from the respondent’s violence
Who is the protection given to?
Protection will be given to specified persons - may include children of the applicant.
Who is the Applicant?
The person who applies for the protection order
Who is the Respondent?
The person who is receiving the protection order against them
Who can apply for a Protection Order?
A person who is or was in a domestic relationship with another person
The representative of a child on the Child’s behalf
The representative of a person lacking capacity to make their own application.
A third party on behalf of the victim
An application can be made against who?
Another person with whom the applicant is or has been in a domestic relationship.
Can include the respondent’s associates.
Cannot be brought against a child (unmarried person under17)
Before a Protection Order is granted the court must be satisfied that?
There has been domestic violence by the respondent or another
The order is necessary for the protection of the applicant or the applicant’s child or both
If a respondent encourages another to engage in behaviour amounting to domestic violence, the respondent is deemed to have committed the behaviour personally.
Applications can be made with or without notice, what does this mean?
With notice the respondent is aware of the Protection Order being taken out
Without Notice means that the respondent is not present or is unaware that the application is being made.
Before granting the Protection Order without notice the court must be satisfied that?
A delay would or might entail risk of harm, or undue hardship to the applicant’s family
An order without notice is a temporary order in the first instance until?
It becomes final THREE MONTHS from the date it was made.
Unless the respondent notifies the Court they have something to say or applies under any of the various provisions for variation or discharge.
Standard conditions of Protection order are?
Non Violence
Non Contact (where parties are Not living in the same house)
No Weapons
Associated Orders relating to Property are?
Occupation Order - Entitles applicant and children to live in the specified house without the respondent. Applies to homes not rented.
Tenancy - Makes applicant sole tenant of a rented house
Ancillary Furniture Order - Entitles applicant to exclusive possession and use of specified furniture and household effects in the home.
Furniture Order - Same effect as an AFO as it entitles applicant when a Protection Order has been applied for but no applications for tenancy or occupation orders have been made.
Firearms and Licences must be surrendered when?
Firearms and Licences must be surrendered IMMEDIATELY or within 24hrs
A firearms licence is deemed to be what under a temporary order?
A firearms licence is deemed to be SUSPENDED when a temporary order is made
A firearms licence is deemed to be what under a final order?
It is REVOKED on the making of a final order.
Under what FV circumstances would you Seize Firearms and Licences?
PO in force
Ground to make an application for a PO
PSO in force
RGS firearms are on the premises
What Section deals with OFFENCES against a Protection Orders?
Section 49(1) Offence to contravene protection order
Every person commits an offence who, without reasonable excuse:
Does any act in contravention of the protection order; or
fails to comply with any condition of the protection order
Fails to attend a direction to attend a programme.
It is a defence if the defendant can prove a reasonable excuse for breaching the protection order.
What powers of arrest to you have available to you?
Section 50 Power of Arrest
Where a Protection Order is in force, any constable may arrest without warrant any person who the constable has good cause to suspect has
Sec 50(a) Contravened the protection order; or
Sec 50(b) Failed to comply with any condition of the protection order
The Police need GCTS a person of having breached a Protection Order, by?
Evidence of the existence of the order
Sound basis for assuming that a breach has occurred
That the respondent is responsible for the breach
What are the COURT and BAIL CONDITIONS regarding Protection Order breaches?
Cannot be bailed by the police within 24hrs, must be brought before the court at the next available hearing.
If the court does not bail them they go back to the cells until the 24hrs is up.
If not taken to court within 24hrs they can be bailed by police
Must be authorised by the NCO
Police have the power to impose conditions of bail including curfew provisions necessary to protect the victim and any associated children
These conditions must not interfere with employment
Reported breaches must be treated seriously and offenders kept in custody.
