Protection Orders/Domestic Violence Act

Question 1

What are the three types of violence identified in the Act?

Answer 1

• Physical Abuse.
• Sexual Abuse.
• Psychological Abuse.

Question 2

What does the term ‘psychological abuse’ mean as it relates to the act, especially as it relates to children?

Answer 2

Psychological abuse includes:

• Intimidation.
• Harassment.
• Damage to property.
• Threats of physical, sexual and psychological abuse.

A person psychologically abuses a child if:

• That person causes or allows the child to see, or hear, the physical, sexual or psychological abuse of a person with whom the child has a domestic relationship.
• Puts the child or allows the child to be put, at real risk of seeing or hearing that abuse occurring.
• But the person who suffers that abuse is not responsible for stopping a child from seeing or hearing the abuse.

Question 3

What is a Protection Order?

Answer 3

A Protection Order:

• Is the means whereby the act aims to protect victims from domestic violence.
• Is given on application to specified persons.
• Has certain standard conditions.
• Can have other conditions added or varied to suit the particular circumstances.
• Cannot be brought against a child; that is, an unmarried person under 17 years.

The grounds for obtaining a protection order are that it is necessary to protect the applicant from the respondent’s domestic violence.

Question 4

What are the standard conditions of a protection order, especially relating to weapons?

Answer 4

• The respondent must not possess or have under their control a firearm.
• The respondent must surrender their firearms license and firearms to the police within 24 hours of being served with a protection order.
• The standard conditions may be varied by the court on an application by the respondent.

When the firearms have been surrendered:

• The police have the responsibility for storing and retaining the firearms.
• They must be returned when the suspension ceases to be in force.

Question 5

What are the police powers of arrest for breaches of a protection order as provided by section 50 of the act?

Answer 5

For breaches of a protection order under section 49(1)(a) or (b) your power to arrest comes from section 50, Domestic Violence Act 1995 that states;

• Where a protection order is in force, any constable may arrest without warrant any person whom the constable has GCTS has.
• Section 50 (a) contravened the protection order or
• Section 50 (b) failed to comply with any condition of the protection order.

Question 6

What are the conditions that must be considered by police before bailing a person who is arrested for a breach of a protection order?

Answer 6

When a person is arrested for breaching a protection order, the person must not be released on bail by a member of police during the 24 hours immediately following the arrest.

The police can impose conditions of bail, including curfew conditions, and non-residency and non-association clauses. However these conditions must not interfere with a persons employment.
Release on police bail must be authorised by an NCO.

Question 7

What does the term ‘domestic relationship’ mean as it applies to the Act?

Answer 7

Domestic relationships include.

• Partners.
• Family members.
• People who share a household.
• Same-sex relationships.
• Close personal relationships, but not employee-employer or tenant-landlord relationships.

Question 8

Who are the persons against whom a protection order can, or cannot, be taken out?

Answer 8

Cannot be brought against a child; that is, an unmarried person under 17 years.

Question 9

Who are the ‘specified persons’ who can apply for a protection order?

Answer 9

Applications for Protection Orders can be made by the following people.

• 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 person’s behalf.
• A third party on behalf of the victim.

Question 10

What are the associated orders that a court can grant independently or together with an application for a protection order?

Answer 10

• Occupation order. Gives the applicant and their children the right to exclusively occupy the dwelling house.
• Tenancy order. This give the person applying for the PO the tenancy of the dwelling.
• Ancillary furniture order. Means an applicant of a PO that gets a Occ or Tenancy order may also apply for a Ancillary furniture order, giving them exclusive possession and use of all furniture, household appliances and household effects in the dwelling house.
• Furniture Order. A furniture order has the same effect as an ancillary furniture order. the difference is that:
• furniture orders may be applied for where the person applies for a protection order but does not apply for an occupation or tenancy order.
• no furniture order applied for without notice will be granted unless the court has made, or makes at the same time, a protection order.

Question 11

What are the factors a court must consider before refusing to grant a protection order to an applicant?

Answer 11

Before refusing to grant a protection order, the court must consider:

• The perception of the applicant, or a child of the applicant’s family, of the nature and seriousness of the behaviour in respect of which the applicant is made.
• The effect of that behaviour on the applicant or a child of the applicant’s family.
• If the behaviour seems trivial or minor when viewed in isolation or appears unlikely to recur, whether it nevertheless forms part of a pattern of behaviour that the applicant child or family needs protection from.

Question 12

What are the bail conditions that police can impose when bailing an arrested person before they appear in court?

Answer 12

The police can impose conditions of bail, including curfew provisions, and non-residency and non-association clauses. However these conditions must not interfere with a persons employment.

Question 13

When does a protection order cease to exist?

Answer 13

When an Order is made before the respondent is given notice, it is temporary and runs for three months.

If the respondent does not defend it, the Order will automatically become final after the three months are up and will stay in force permanently. The applicant can choose at any time to ask the Court to cancel the Order.

If the respondent objects to the Order and defends it, a hearing date will be set by the Court and the applicant will be told about it. The Court will then consider both sides.

Question 14

What is the definition of ‘violence’ as it applies to the Act?

Answer 14

(a)
physical abuse:
(b)
sexual abuse:
(c)
psychological abuse, including, but not limited to,—
(i)
intimidation:
(ii)
harassment:
(iii)
damage to property:
(iv)
threats of physical abuse, sexual abuse, or psychological abuse:
(iva)
financial or economic abuse (for example, denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education):

Question 15

What is the definition of the term ‘application without notice’ as it applies to a protection order?

Answer 15

Before granting a protection order on an application made without notice, the court must be satisfied that a delay would or might entail risk of harm or undue hardship to the applicant or a child of the applicant’s family.
An order made on an application without notice is a temporary order in the first instance. The temporary order in the first instance the temporary order becomes final three moths after the date of which it was made, unless the respondent:

Notifies the court that they wish to be heard on the question of whether a final order should be substituted for a temporary order, or

applies under any of the various provisions for variation or discharge.