Protection Orders Flashcards

1
Q

What is a Protection Order?

A

Protection given to specific persons to protect them from family harm

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2
Q

Who can apply for a PO?

A
  • a person who was/is in a domestic relationship with another person
  • the representative of a child on the child behalf
  • the representative of a person lacking capacity
  • a third party on behalf of a victim
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3
Q

What are the grounds for granting a PO?

A

The court must be satisfied that:

  • there was family harm by the respondent or another
  • the order is necessary for the protection of the applicant or the applicants child or both
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4
Q

What does a court need to consider before refusing a PO?

A
  • perception of the applicant
  • effect of the behaviour on the applicant/child
  • trivial or minor offending
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5
Q

How long until the PO becomes final?

A

3 months, it is temporary for the first 3 months

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6
Q

What are the standard conditions of a PO?

A
  • No violence, including towards property
  • No contact, automatic if living at seperate at addresses
  • No weapons, must not possess any weapons. Firearms licence is deemed suspended during temp PO and revoked upon final PO
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7
Q

What are the bail conditions for a breach of PO?

A

Not to be released by a member or Police during 24 hours immediately following arrest.

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