Protection Orders

Question 1

Roles in a protection order

Answer 1

1. Applicant
2. Respondant

Question 2

Three standard Conditions of a Protection Order

Answer 2

1. Non contact
2. Non Violence
3. Weapons

Question 3

Under what act and section do Police have power to search for firearms when serving order on person suspected to have weapons?

Answer 3

Section 18

Search and Surveillance Act 2012

• warrantless search associated with arms

Question 4

Under what section of what act do Police someone breaching their protection order?

Answer 4

Section 113

Family Violence Act 2018

• Power to arrest

Question 5

Explain the 24 hour cooling off period for a protection order

Answer 5

Police cannot bail a person who breaches their protection order for at least 24 hours.

Police are required to bring that person before the courts as soon as possible even if that occurs within 24 hours.
Courts may bail that person.