Protection Orders

Question 1

Who can apply for a Protection Order?

Family Violence Act 1995

Answer 1

• A person who is or was in a domestic relationship with another person.
• The representative of a child on the child’s behalf.
• A third party on behalf of the victim.

Question 2

Protection order conditions against contact:

Answer 2

The respondent must not:

• watch or loiter near or prevent or hinder access to or from any place of residence, business, employment, or any other place the protected person visits often
• follow, stop or accost them.
• enter or remain on property occupied by the protected person without consent from the protected person.
• make any contact with the protected person, unless under special condition/custody order.

Question 3

Protection order conditions against weapons and firearms:

Answer 3

The defendant must not:

• must not possess or have under their control any weapon/firearms.
• must not hold a firearms licence, must surrender the weapon and firearms licence to police within 24 hours after receiving the PO.
• firearms licence is deemed to be SUSPENDED when a temporary order is made, and REVOKED on the making of the final order.

Question 4

What is and Occupation Order?

Answer 4

Gives the protected person and their children the right to personally and exclusively occupy the dwelling house.
DOES NOT apply to rented properties.

Question 5

What is a Tenancy Order?

Answer 5

Gives the applicant the tenancy of any house. The courts must regard to the accommodation needs of all persons who maybe affected by the order before deciding to make an order.

Question 6

What is an Ancillary Furniture Order?

Answer 6

• Enables the applicant the exclusive possession and use of all or any of the furniture, household appliances and household effects in the dwelling house.
• Temporary order lasts for 3 months.
• A final order last for 6 months.

–>Cannot be granted unless there is an occupational or tenancy order. The order is discharged if the occupation or tenancy order is discharged.

Question 7

What is a Furniture Order?

Answer 7

Same as Ancillary Order, except:
Maybe applied when a person applies for a PO, but does NOT apply for an occupational or tenancy order.
There needs to be a PO before a furniture order will be given.

Question 8

Arrestable offences for PO’s:

Answer 8

Section 50 Domestic Violence Act 1995.
-S50(a) contravened the PO
-S50(b) failed to comply with any condition of the PO.
Section 315(2)(b) Crimes Act 1961(if they fail to attend a programme).

Question 9

Applications made with or without notice:

Protection Orders

Answer 9

• WITH NOTICE means that the respondent knows there is a PO being taken out.
• WITHOUT NOTICE means the respondent isn’t present or is unaware that a PO has been taken out.

An order without notice is a temporary order in the first instance.
—>it becomes final after 3 MONTHS from the date it was made.

Question 10

Section 49 Domestic Violence Act 1995:

Answer 10

Offence to contravene a protection order.

1) Every person commits an offence who, without reasonable excuse:
a) does any act in contravention of the PO
b) fails to comply with any condition of the PO
c) fails to comply with a direction to attend a programme

Question 11

Section 50 Domestic Violence 1995:

Answer 11

Power of arrest if a constable has GCTS that any person has:

• contravened the PO s.50(a).
• failed to comply with any condition of the PO s.50(b)

Question 12

Protection order conditions against violence:

Answer 12

The respondent must not:

• physically, sexually, or psychologically abuse the protected person.
• threaten to physically, sexually or psychologically abuse the protected person.
• damage or threaten to damage property.
• encourage anyone to do the above.