Protection Orders & PSOs Flashcards
In what four situations must Police be involved in serving Protection Orders?
- Respondent holds FLIC
- Respondent believed to be in possession of firearms or access to them
- Service assessed as having significant risk to server
- PO granted without notice
On serving protection orders, what will Police ensure?
- Robust information sharing
- Demand surrender of all firearms and FLIC
- Staff safety paramount
- Contact victim and inform them of service
- All breaches taken seriously and if sufficient evidence, offender will be arrested and prosecuted
Who does a protection order protect?
The applicant and any child of the applicant’s family.
Is an 18yr old ‘child’ of the applicant also protected by a protection order?
Yes - referred to as an ‘adult child’ and protected until that person moves out of the address. Adult children of an applicant not living with the applicant must be referred to separately on the order as a ‘specified person’.
Can an applicant take a protection order against a child?
No - unless satisfied the child is 16yrs or older and the the order is justified by special circumstances.
Can protection orders issued in other countries be valid in NZ?
Yes, they can be registered in NZ.
Who issues protection orders?
Family court (and discharged only by the Court). And in some cases, the District Court (however in this case the judge must be convinced the victim does not object).
How long can a District Court detain a person for the purposes of issuing a Protection Order (once that decision is made)?
Two hours
A protection order issued before July 2019 have conditions stated on it that are not the same as today. What must police officers be cognisant of regarding breaches and protection orders issued pre July 2019?
With the changes introduced by the FV Act 2018, new conditions apply to old orders, including:
- consent to contact
- stopping contact
- variations to orders relating to property
- new definitions
Respondents have to comply with the new conditions.
From 1 July 2019 the definition of family violence was widened to include what?
- Ill-treatment of a house pet or other animal important to someone or their family
- Harassing behaviour such as loitering near where someone lives or works
- Disrupting care of someone who needs it because of age, disability or health condition
- Coercion or controlling behaviour
- Dowry-related abuse (Yes, we know what dowry is… but who does this anymore?! (just saying))
What kind of contact is listed in the study material that would NOT breach a protection order?
- Emergency
- Order or written agreement regarding contact/care of children
- Permitted under special condition of PO
- Necessary for FGC
- Attending Court
How long does a respondent of a protection order have to surrender firearms and FLIC?
ASA practicable after PO served (and within 24hrs of service) and;
- on demand made, at any time, by a constable
What must you do if you become aware that a respondent of a non-molestation or non-violence order has a FLIC?
Notify an inspector or above to consider revocation of the FLIC.
When can a PSO be issued to a child aged 16 or 17 as part of a frontline safety plan?
Only if the order is justified by special circumstances.
- Where there are reasonable grounds to believe it is necessary to help make that child’s family member, or a person they have a close family relationship with, safe from family violence
What special circumstances my be included when considering issuing a PSO to a child 16 or 17yrs?
- Reasonable grounds to believe that the issue of an order is necessary to help make the person at risk safe from serious family violence and;
- The ‘total level of concern’ is high and;
- Approval from a Senior Sergeant or above has been obtained and;
- The Snr Sgt has consulted with OT
