Protection Orders Flashcards
Who is the ‘Applicant’?
person applying for the Protection Order
Who is the ‘Respondent’?
Person receiving (who the order is against) the Protection Order
What is the key to the Domestic Violence Act?
Protection Orders…the act aims to protect victims from domestic violence
What are the three standard conditions of Protection Orders?
Non Violence
Non Contact (where parties are not living in the same house)
No Weapons
Who can apply for a Protection Order?
A person who is or was in a domestic relationship.
The representative of a child, 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.
Who can an application be made against?
Another person whom the applicant is or has been in a domestic relationship with.
Can include the respondent’s associates.
Who can an application not be brought against?
a child (unmarried person under age 17 years)
What must be satisfied by court before granting a Protection Order?
There was domestic violence by the respondent or another.
the order is necessary for the protection of the applicant or the applicant’s child or both.
Applications can be made with or without notice, what does this mean?
With notice: respondent is aware the Protection Order is being taken out.
Without notice: the respondent is not present or is unaware that the Protection Order is being taken out.
An order without notice is a temporary order, when does it become final?
3 months, from the date it was made.
What happens to a firearms licence held by a respondent?
Suspended - when temporary Protection Order is issued.
Revoked - when Protection Order becomes a Final Order.
Section 18 of the SS act 2012 give police the power to seize arms and firearms licences in what family violence situations?
- Where a Protection Order is in force.
- Where there are grounds to make an application for a Protection Order or
- a PSO is in Force, AND
- there are reasonable grounds to suspect firearms are on the premises.
What are four instances where a person offends against a Protection Order?
every person commits an offence who, without reasonable excuse;
- Does any act in contravention against the Protection Order (POA section 50)
- Fails to comply with any condition of the Protection Order (POA section 50)
- Fails to surrender firearms licence ( POA section 50)
- Fails to comply with a direction to attend a programme (POA CA 1961 - S315)
What is the main Power of Arrest, and when can you arrest?
Section 50 Domestic Violence Act 1995
S50(a) offends against the Protection Order
S50(b) failed to comply with any condition of the protection order.
What are some bail conditions related to a breach of Protection Order?
- Must not be bailed by police during 24hrs immediately following the arrest. (must be taken to court as soon as possible)
