Protection Orders Flashcards
Protection order gives conditions such as?
Violence
Weapons
Contact
Who can apply?
- 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
Who can be a subject of a PO
Victim (respondent) over 17
Grounds for a PO
Family violence
Necessary for the protection of the applicant or applicants child or both
Refusing a PO?
Affect of the behaviour on the applicant
Minor behaviour or trivial, unlikely to recur
Perception of the applicant
Why three months for a PO
Fight protection order if they don’t want it.
Conditions don’t make sense.
Amend to suit.
Standard conditions against violence
Don’t
Threaten, throw, encourage others to do it
If living apart? Standard conditions?
NO CONTACT
Orders against a third party?
Associate to respondent being encouraged to engage in violent behaviour.
POs for property
- 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
Conditions relating to weapons
- 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
PO Offences
Failing to comply with conditions, fail to comply with a direction to attend a programme. No contact and you make contact
Domestic Violence Act 1995 Arrest power is under
Section 50 a and b