Protection Orders Flashcards
Who can apply for a PO?
1) a person who is/was in a domestic relationship
2) representative of a child on the child’s behalf
3) representative of a person lacking capacity on the persons behalf
4) a 3rd party on behalf of the victim
What is the purpose of a PO?
Aims to protect victims from domestic violence
Who is a respondent?
The person who the PO is made against
- it can include associates
Explain what is meant by notice to the respondent?
Applications can be made on notice or without notice to the respondent
What are the grounds for a PO?
Courts will look to see if:
1) there was family violence by the respondent or another
2) the order is necessary for the protection of the applicant/child
When can court refuse granting a PO?
P.E.T
P= perception of behaviour (seriousness) E= effect of behaviour (on applicant/child) T= trivial/minor (when viewed in isolation)
Applications made without notice are temporary in the first instance.
When does it become final?
3 months after the date it was made
UNLESS respondent
1) notifies court they wish to substitute final for temp
2) applies for variation or discharge
What if parties don’t reside at the same address?
A standard condition applies and aims to minimise contact between parties
What are the standard conditions of PO imposed by court?
1) VIOLENCE - no abuse, threats, damage to property
2) CONTACT - no watching/loitering, following/stopping, enter/remain on property without consent, make any contact
3) WEAPONS
What are the 4 orders relating to property?
- occupation order
- tenancy order
- ancillary order
- furniture order
What are the conditions relating to weapons/firearms?
Respondent must NOT:
- possess or have under their control any weapon
- hold a firearms licence and surrender weapons/licence within 24 hours
When is a firearms licence deemed SUSPENDED?
When a temporary order is made
When is a firearms licence deemed REVOKED?
When a final order is made
What is the process of surrendering firearms/licences?
Respondent MUST:
- handover within 24 hours
- on demand of police
- any weapon in possession
- any firearm licence
What are the PO offences?
- section 49 (1)(a) contravening a PO eg entering on property without consent
- section 49 (1)(b) failing to comply with conditions eg surrendering firearm
- section 49A (1) failing to comply with direction eg attending anger mngmt
