Protection orders Flashcards
Protection order aims
to protect victims from domestic violence
Protection order can be issued by
Family court and District Court
Applicants for protection orders can be
- a person in a domestic relationship with another person
- a representative of a child
- the representative of the person lacking capacity
- 3rd party on behalf of the victim
Respondent of the protection order
The person against whom the protection order will be sought
If the respondent is a child, i.e. unmarried under 17 y.o.
the protection order cannot be received
Applications for the protection order can be made
on notice/without notice to the respondent.
Grounds for the protection order
- the was a family violence incident
- the order is necessary to protect the applicant/child
Application without notice
The court must be satisfied that a delay might put the applicant on a risk of harm or hardship.
Temporary protection order
If an application made without notice. Becomes final three months after.
Standard condition of the protection order
- Violence: no abuse/threats/damage to the property of the applicant or encouragement for another person.
- Contact: no contact with the applicant if not living in the same dwelling.
- Weapons: all firearms or other weapons, as well as the related licences, must be surrendered to Police.
Powers of arrest
Any constable can arrest without a warrant any person whom he has a GCTS has:
- contravened the protection order (Domestic Violence Act 1995, Section 50(a))
- failed to comply with the conditions of the protection order (Domestic Violence Act 1995, Section 50(b))
Offences related to the Protection Order
Domestic Violence Act 1995 Section 49(1)(a)Contravening a protection order - 2 years Section 49(1)(b)Failing to comply with the conditions - 2 years Section 49(1)A Failing to Comply with the Court's Directions - 6 months/$5000
