Protection orders and PSO's Flashcards
Who issues a PO and a PSO
PO - Court
PSO - Police
Explain the difference between PSO AND PO
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.
Explain…
- With notice
- Without notice
- Temporary
- Full
- 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
Who can apply for a PO?
- 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
What are the grounds for a court to grant a PO?
- Their has been family violence by the respondent or another.
and
-It is necessary to protect the applicant and/or their child.
Who can a PO NOT be brought against?
A child younger than 16 years
Who is considered a child?
Less than 18
What is considered a ‘family relationship’?
- Partners
- Family member
- Ordinarily share household
- Close personal relationship
Other than someone who the applicant is in a family relationship with, who else can a PO include?
The respondent’s associates
What are the three types of violence?
- ) Physical
- ) Sexual
- ) Psychological
What does the court need to consider before refusing a PO?
Perception of behaviour - serious/nature
Effect of behaviour - on applicant/child
Trivial/minor - Isolated/risk of re-occurance
What are the standard condition of a PO and PSO?
- ) Violence
- ) Contact
- ) Weapons/firearms (includes FA license)
How long does someone have to hand over their weapons and FA license for a PO and PSO?
PO - 24 hours or on demand of officer
PSO - Immediately
What happens to a respondent’s firearm license when a PO goes from temporary to full?
The license is suspended for a temporary PO and is revoked for a full PO.
Explain the difference for the contact condition for a PO and PSO
PO - With consent from applicant the respondent can live with them.
PSO - Bound person cannot live with them.
What is the difference if someone breaches a PO compared to breaching a PSO?
Breaching a PO is an offence - can arrest
Breaching a PSO is not - Detain (custody)
Section 112 (1)(a)
Contravention of a protection order (an act)
Section 112 (1)(b)
Fail to comply with any condition (ignore)
What is your power of arrest for someone that has breached a PO?
Section 113
We can’t release someone for how long after being arrested for breaching a PO?Then what happens?
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.
Who can issue a PSO?
Any constable as long as it’s authorised by a qualified constable or higher
Who is a person at risk?
The person named in the PSO and any child residing with them.
When can a PO or PSO be issued to a child?
When they are 16 years or older and the order has special conditions.
What is the minimum and maximum time that a PSO can be issued for?
When does it take effect?
min - 24 hours
max - 10 days
Once it has been served on the bound person.
