Protection Orders Flashcards
1
Q
What is a Protection Order?
A
Protection given to specific persons to protect them from family harm
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
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
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
5
Q
How long until the PO becomes final?
A
3 months, it is temporary for the first 3 months
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
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.