Protection orders and PSO's

Question 1

Who issues a PO and a PSO

Answer 1

PO - Court

PSO - Police

Question 2

Explain the difference between PSO AND PO

Answer 2

POS is arranged through the courts and is voluntary for the person applying. The PSO is an order put in place by the police, there does not need to be consent for a PSO.

Question 3

Explain…

• With notice
• Without notice
• Temporary
• Full

Answer 3

• Respondent is aware of application for PO
• Respondent is not aware of application
• A without notice PO is temporary for 3 months before it becomes full.
• Full is in place forever

Question 4

Who can apply for a PO?

Answer 4

• A person who is in a family relationship
• Representative of a child
• Representative of someone that doesn’t have the capacity
• Third party on behalf of victim

Question 5

What are the grounds for a court to grant a PO?

Answer 5

• Their has been family violence by the respondent or another.
  and
  -It is necessary to protect the applicant and/or their child.

Question 6

Who can a PO NOT be brought against?

Answer 6

A child younger than 16 years

Question 7

Who is considered a child?

Answer 7

Less than 18

Question 8

What is considered a ‘family relationship’?

Answer 8

• Partners
• Family member
• Ordinarily share household
• Close personal relationship

Question 9

Other than someone who the applicant is in a family relationship with, who else can a PO include?

Answer 9

The respondent’s associates

Question 10

What are the three types of violence?

Answer 10

1. ) Physical
2. ) Sexual
3. ) Psychological

Question 11

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

Answer 11

Perception of behaviour - serious/nature
Effect of behaviour - on applicant/child
Trivial/minor - Isolated/risk of re-occurance

Question 12

What are the standard condition of a PO and PSO?

Answer 12

1. ) Violence
2. ) Contact
3. ) Weapons/firearms (includes FA license)

Question 13

How long does someone have to hand over their weapons and FA license for a PO and PSO?

Answer 13

PO - 24 hours or on demand of officer

PSO - Immediately

Question 14

What happens to a respondent’s firearm license when a PO goes from temporary to full?

Answer 14

The license is suspended for a temporary PO and is revoked for a full PO.

Question 15

Explain the difference for the contact condition for a PO and PSO

Answer 15

PO - With consent from applicant the respondent can live with them.
PSO - Bound person cannot live with them.

Question 16

What is the difference if someone breaches a PO compared to breaching a PSO?

Answer 16

Breaching a PO is an offence - can arrest

Breaching a PSO is not - Detain (custody)

Question 17

Section 112 (1)(a)

Answer 17

Contravention of a protection order (an act)

Question 18

Section 112 (1)(b)

Answer 18

Fail to comply with any condition (ignore)

Question 19

What is your power of arrest for someone that has breached a PO?

Answer 19

Section 113

Question 20

We can’t release someone for how long after being arrested for breaching a PO?Then what happens?

Answer 20

24 hours. If they can’t be before the court within those 24 hours we can release on police bail (if approved by NCO) and include special conditions on that bail and summons them to court.

Question 21

Who can issue a PSO?

Answer 21

Any constable as long as it’s authorised by a qualified constable or higher

Question 22

Who is a person at risk?

Answer 22

The person named in the PSO and any child residing with them.

Question 23

When can a PO or PSO be issued to a child?

Answer 23

When they are 16 years or older and the order has special conditions.

Question 24

What is the minimum and maximum time that a PSO can be issued for?
When does it take effect?

Answer 24

min - 24 hours
max - 10 days
Once it has been served on the bound person.

Question 25

How long do we have to serve a PSO

Answer 25

48 hours

Question 26

How long can we detain someone for a PSO and to do what?

Answer 26

2 hours

• Seek authorisation
• Issuing the offender
• Serving the order

Question 27

When can we arrest for a PSO?

Answer 27

-If they fail or refuse to remain where they are detained.

Question 28

What can we do if someone breaches the PSO?

Answer 28

• Can detain them for delivery to the court within 24 hours. CANNOT arrest them as it is not an offence.

Question 29

Do we need to let the applicant of a PO and the person at risk of a PSO know anything when the conditions are breached.

Answer 29

Yes. All relevant information including that they have been arrested or detained and the proceedings and when they are released.

Question 30

What happens to a parenting order if a PSO is in place?

Answer 30

It is suspended.

Question 31

If a bound person absconds after breaching a PSO, how long do we have to find them and bring them into custody?

Answer 31

1 month

Question 32

If you arrest a person for a Family Harm offence and subsequently the decision is made not to charge, can you issue a PSO?

Answer 32

Yes

Question 33

Can you issue a PSO if it is a non-family harm offence?

Answer 33

Yes, if you have the necessary concerns for the safety/welfare of the person(s) at risk.

Question 34

When issuing/serving a PSO, what must we explain to both parties?

Answer 34

1. ) Purpose of order
2. ) Effect of order
3. ) Duration of order
4. ) Consequences of contravening order

Question 35

Section 28 of the family violence act states the purpose for PSO’s it to…

Answer 35

Help make the person at risk safe from family violence.