Protection Orders Flashcards

1
Q

Protection order gives conditions such as?

A

Violence
Weapons
Contact

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2
Q

Who can apply?

A
  • A person is or was in a domestic relationship
  • The representative of a child on their behalf
  • The representative of a person lacking capability
  • Third party on behalf of the victim
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3
Q

Who can be a subject of a PO

A

Victim (respondent) over 17

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4
Q

Grounds for a PO

A

Family violence

Necessary for the protection of the applicant or applicants child or both

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5
Q

Refusing a PO?

A

Affect of the behaviour on the applicant

Minor behaviour or trivial, unlikely to recur

Perception of the applicant

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6
Q

Why three months for a PO

A

Fight protection order if they don’t want it.

Conditions don’t make sense.

Amend to suit.

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7
Q

Standard conditions against violence

A

Don’t

Threaten, throw, encourage others to do it

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8
Q

If living apart? Standard conditions?

A

NO CONTACT

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9
Q

Orders against a third party?

A

Associate to respondent being encouraged to engage in violent behaviour.

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10
Q

POs for property

A
  • occupation: gives them and children the right to occupy the dwelling
  • Tenancy: sole tenant, a tenant holding jointly
  • Ancillary furniture: exclusive possession and use of all and any furniture, appliances. Temp order is 3 months, final order 6 months
  • Furniture: same affect but comes with the PO
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11
Q

Conditions relating to weapons

A
  • Not possess or have under their control.
  • surrender firearms license, must be handed in with 24hours
  • License suspended with a temp order. Revoked on final order
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12
Q

PO Offences

A

Failing to comply with conditions, fail to comply with a direction to attend a programme. No contact and you make contact

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13
Q

Domestic Violence Act 1995 Arrest power is under

A

Section 50 a and b

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