Protection Orders Definitions Flashcards
The Domestic Violence Act 1995
Child defined…
A person _____ the age of ___ years, but does not include a person who is or has been married in a civil union or a de facto relationship (these people are considered minors)
The Domestic Violence Act 1995
Child defined…
A person under the age of 17 years, but does not include a person who is or has been married in a civil union or a de facto relationship (these people are considered minors)
The Domestic Violence Act 1995
Minor defined…
A person who is ___-___ years old OR is under 17 years old but is or has been married or in a civil union or in a de facto relationship.
[a minor may apply for a protection order without assistance and the orders granted as if the minor were of full age, 20 years]
The Domestic Violence Act 1995
Minor defined…
A person who is 17-19 years old OR is under 17 years old but is or has been married or in a civil union in a de facto relationship.
[a minor may apply for a protection order without assistance and the orders granted as if the minor were of full age, 20 years]
The Domestic Violence Act 1995 Violence defined as... - p\_\_\_\_\_\_ abuse - s\_\_\_\_\_\_\_ abuse - p\_\_\_\_\_\_\_\_ abuse
The Domestic Violence Act 1995 Violence defined as... - physical abuse - sexual abuse - psychological abuse
The Domestic Violence Act 1995
Domestic Relationship Defined:
(Sperm) - is a p_______ of the other person
(Sperm) - has a c______ p_______ r_______ with the other person
(Blood) - is a family member of the other person
(Piss) - ordinarily shares a household with the other person
The Domestic Violence Act 1995
Domestic Relationship Defined:
(Sperm) - is a partner of the other person
(Sperm) - has a close personal relationship with the other person
(Blood) - is a family member of the other person
(Piss) - ordinarily shares a household with the other person
Who can apply for a protection order? (__________)
- A person who is or was in a d_______ r_______ with another person
- The r_______ of a c_____ on that c_______ behalf
- The r_________ of a person lacking c________ on that persons behalf
- A t_____ p_____ on behalf of the victim
Who can apply for a protection order? APPLICANT
- A person who is or was in a domestic relationship with another person
- The representative of a child on the child’s behalf
- The representative of a person lacking capacity on that persons behalf
- A third party on behalf of the victim
People who can be the subject or an order (___________):
- most are made against a person with whom the person has a domestic relationship.
- in some cases, where the respondents associates make serious threats, the court may direct that order to apply against an associate as well.
- an application CANNOT be made against a child!
People who can be the subject or an order (RESPONDENT):
- most are made against a person with whom the person has a domestic relationship.
- in some cases, where the respondents associates make serious threats, the court may direct that order to apply against an associate as well.
- an application CANNOT be made against a child!
Grounds for a protection order:
- there was f________ v_______ by the respondent or another
- the order is necessary for the p________ of the applicant or the applicants child or both
Grounds for a protection order:
- there was FAMILY VIOLENCE by the respondent or another
- the order is necessary for the PROTECTION of the applicant or the applicants child or both
The court may refuse a protection order but must consider:
- the p________ of the applicant of the n______ and s________ of the behaviour in respect to which the order was made
- the e______ of the behaviour on the applicant or their children
- if the behaviour seems t_______ or minor, whether it forms part of a p_______ of behaviour that the applicant needs protection from
The court may refuse a protection order but must consider:
- the perception of the applicant of the nature and seriousness of the behaviour in respect to which the order was made
- the effect of the behaviour on the applicant or their children
- if the behaviour seems trivial or minor, whether it forms part of a pattern of behaviour that the applicant needs protection from
The Domestic Violence Act 1995
Standard Conditions of Protection Orders:
1. V________ - the respondent must not abuse or threaten to abuse the protected person. They must also not damage the persons property or encourage any person to do the above.
2. C________ - where the parties are not living together there is an automatic non-contact condition.
- may not watch or loiter near any place the protected person frequents
- may not follow, stop or accost them
- may not enter or remain on property occupied by the protected person
- make any contact with the protected person
3. W_______ - the respondent must not possess or have under their control any weapons or firearms licences. They must surrender these to Police within 24hrs or receiving notice of the protection order. The licence is suspended with a temporary order, and revoked with a final order. This condition also applies to associated respondents!
The Domestic Violence Act 1995
Standard Conditions of Protection Orders:
1. Violence - the respondent must not abuse or threaten to abuse the protected person. They must also not damage the persons property or encourage any person to do the above.
2. Contact - where the parties are not living together there is an automatic non-contact condition.
- may not watch or loiter near any place the protected person frequents
- may not follow, stop or accost them
- may not enter or remain on property occupied by the protected person
- make any contact with the protected person
3. Weapons - the respondent must not possess or have under their control any weapons or firearms licences. They must surrender these to Police within 24hrs or receiving notice of the protection order. The licence is suspended with a temporary order, and revoked with a final order. This condition also applies to associated respondents!
Occupation Orders:
Any person who is in a domestic relationship with another person may apply to the court for an occupation order. It gives them and their children the right to p______ and e________ o______ the d_________ h_________.
Occupation orders do not apply to r_______ p______.
Occupation Orders:
Any person who is in a domestic relationship with another person may apply to the court for an occupation order. It gives them and their children the right to personally and exclusively occupy the dwelling house.
Occupation orders do not apply to rented properties.
Tenancy Orders
Any person who is or has been in a domestic relationship with another person may apply to the court for a tenancy order giving the applicant the tenancy of a dwelling house of which, at the time the order is made, the other part to the proceeding is:
a) the sole tenant
b) a tenant holding jointly, or in common, with the applicant.
In determining whether to make an order, the courts must have regard to the reasonable accommodation needs of all persons who ,at be affected by the order.
Tenancy Orders
Any person who is or has been in a domestic relationship with another person may apply to the court for a tenancy order giving the applicant the tenancy of a dwelling house of which, at the time the order is made, the other part to the proceeding is:
a) the sole tenant
b) a tenant holding jointly, or in common, with the applicant.
In determining whether to make an order, the courts must have regard to the reasonable accommodation needs of all persons who ,at be affected by the order.
Ancillary Furniture Orders
A person applying for an occupation or tenancy order may also apply for an ancillary furniture order. This gives the applicant the exclusive possession and use of all or any of the furniture, household appliances and household effects in the dwelling house.
Furniture Order = No occupation or tenancy order.
The temporary order lasts for _______ months. A final order lasts for ___ months.
Ancillary Furniture Orders
A person applying for an occupation or tenancy order may also apply for an ancillary furniture order. This gives the applicant the exclusive possession and use of all or any of the furniture, household appliances and household effects in the dwelling house.
Furniture Order = No occupation or tenancy order.
The temporary order lasts for three months. A final order lasts for six months.
