Protection Orders

Question 1

Who can apply for a protection order?

Answer 1

• A person who is or was in a Domestic Relationship.
• A representative of a child on their behalf.
• A representative of a person lacking the capacity on their behalf.
• A third party on behalf of the victim.

Question 2

The standard conditions of a protection order are:

Answer 2

• No Violence
• No Contact
• No Weapons

Question 3

What is an occupation order?

Answer 3

• Give them the right and their children to occupy the dwelling house
  (If not a rental)

Question 4

What is a tenancy order?

Answer 4

• Give them the tenancy of the dwelling house.

Question 5

What is an ancillary furniture order?

Answer 5

• Give the applicant exclusive possession and control of the furniture and household items. Temporary orders last 3 months, A final order lasts 6 months.
• Cannot be granted unless there is an Occupation or Tenancy Order.

Question 6

What is a furniture order?

Answer 6

• Same as Ancillary Furniture Order exept for only when a person applies for a Protection Order.

Question 7

Arrestable offences for breaching a PO or PSO are:

Answer 7

• Fails to remain at the place they are detained.
• Fails to comply with the conditions.
• WEEP

Question 8

Standard conditions against VIOLENCE are the respondant must not:

Answer 8

• Physically, sexually, or psychologically abuse the protected person.
• Threaten to physically, sexually, or psychologically abuse the protected person.
• Damage or threaten to damage the property of the protected person.
• Encourage any person to do any of the above.

Question 9

Standard conditions against CONTACT are the respondant must not:

Answer 9

• No contact.
• Watch or loiter near any 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 - Emergency.
  - Permited under custody.
  - Access order.
  - Under a special condition.

Question 10

What does ODARA mean?

Answer 10

Ontario Domestic Assault Risk Assessment tool.

Question 11

The temporary order is final after how many months?

Answer 11

Three months, after the date on which it was made.

Question 12

The temporary order gives the respondant time to do what?

Answer 12

• To notify the court they wish to be heard on the question if a final order should be issed and substituted for a temporary order.
• To apply under any of the various provisions for variation or discharge.

Question 13

Standard conditions against WEAPONS are the respondant must not:

Answer 13

• Possess or have under their control any weapons (the ones specified in the Arms Act 1983).
• Must not hold a firearms licence, must surrender licence and firearms within 24hrs after receiving the PO.
• Your licence will be suspended when a temporary order is made and finaly revoked when when you receive a final order.

Question 14

A person at risk is defined as:

Answer 14

• The person named in the order.

- A child residing with that person.

Question 15

A constable intending to issue a PSO against any person may detain them for a period not exceeding?

Answer 15

2 hours.

Because they are being detained under enactment remember to give BOR.

Question 16

If they have been taken into custody what must you do if they cant be brought before the court?

Answer 16

If they cant be brought to the district court within 24hrs, they must be released and served with a summons.

Question 17

How long can you issue a PSO for?

Answer 17

5 days.

Try 24 hours first, 5 days is only for public holidays and weekends to give time to ensure an appearance in court.

Question 18

What are things to consider if issuing a PSO

Answer 18

• Hardship.
• Is the person using DV against the person at risk.
• History of DV.
• Welfare of children at risk.
• Any matter you deem relevant.