Protection Orders Flashcards
What is a Protection Order
They are a civil remedy issued by the Family Court and in some cases by the District Court
Who is an applicant in regards to a PO
Person who applies for a protection order
Who is a respondent in regards to a PO
Person who is the subject of the protection order
What are the 3 conditions of a PO
Non-violence
Non-contact
Weapons
Temporary orders become permanent in how long
3 months after the date is made
Powers of arrest in regards to a PO
Section 113 of the Family Violence Act 2018
Section 113 Family Violence Act 2018
A constable has the power to arrest without a warrant any person whom the constable has good cause too suspect
Contravened the PO
Or
Failed to comply with the conditions of the PO
Bail conditions for breach of PO
24 hour cooling off period: must not be released for 24 hours following arrest
If unable to bring before court within 24 hours you may release them on bail
Must abide by bail conditions such as curfew, non residency and non association clauses, however must not interfere with the persons employment
