The Domestic Violence Act 1995 Flashcards
What are the three types of violence identified in the act?
Physical - assault and actual physical harm to another person or persons
Sexual - assaults of a sexual nature
Psychological - intimidation, harassment, damage to property
What does the term ‘psychological abuse’ mean as it relates to the act, especially as it relates to children?
A person psychologically abuses a child if that person causes or allows the child to see, hear the physical sexual or psychological abuse
Puts the child at real risk of seeing or hearing that abuse occurring but
the person who suffers that abuse is not regarded for the purpose of this subsection as having caused or allowed the child to see or hear the abuse.
What is a protection order?
Protection is given to specified persons who may include a child of the applicants family.
It is the means by which the act aims to protect victims from domestic violence.
What are the standard conditions of a protection order? (excluding weapons)
Violence - the respondent must not physically, sexually or psychologically abuse the protected or threaten to physically, sexually or psychologically abuse the person or damage their property or encourage any person to do any of the above.
Contact - Non contact condition, watch or loiter near or prevent or hinder access to or from any place of residence etc, follow stop or accost them, make any contact with the protected person electronically
What are the police powers of arrest for breaches of a protection order as provided by section 50 of the act?
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 good cause to suspect has:
Contravened the protection order OR failed to comply with any condition of the protection order.
What are the conditions that must be considered by police before bailing a person who is arrested for a breach of a protection order?
Conditions imposed on the offender must not interfere with the person’s employment.
The victim must be informed of the intention to release the offender and given an opportunity to comment on any conditions of bail that may be imposed by the offender.
What does the term “domestic relationship” mean as it applies to the act?
a) is a partner of the other person OR
b) is a family member of the other person OR
c) ordinarily shares a household with the other person OR
d) has a close personal relationship with the other person
Who are the persons against whom a protection order can, or cannot, be taken out
In most cases the protection order will be sought against the person with whom the applicant has a domestic relationship. In some cases, the associate of the other in the domestic relationship.
An application cannot be brought against a child, that is, an unmarried person under the age of 17.
Who are the specified persons who can apply for a protection order?
A person who is OR was in a domestic relationship with another person
The representative of a child on the childs behalf
The representative of a person lacking capacity on that persons behalf
Third party on behalf of the victim
What are the factors a court must consider before refusing to grant a protection order to an applicant?
The perception of the applicant.
The effect of that behaviour on the applicant
If the behaviour seems trivial or minor when viewed in isolation or appears unlikely to recur
What are the bail conditions that police can impose when bailing an arrested person before they appear in court?
Curfew provisions, and non-residency and non-association clauses.
What is the definition of the term “application without notice” as it applies to a protection order?
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 applicants family.
What are the standard conditions of a protection order regarding weapons?
The respondent must not possess or have under their control any weapon.
The respondent must not hold a firearms licence, and must surrender weapons and licences to police within 24 hours of receiving notice of the protection order.
A firearms licence is deemed to be suspended when a temporary order is made and revoked on making of a final order.
The conditions relating to weapons will also apply against an associated respondents.
Define orders against third parties
The court can make an order against a third party, such as the respondents associates. Before doing so, it must be satisfied that the respondent encouraged or is still encouraging the third party to engage in violent behavior towards the applicant.
Define occupation order
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. Does not apply to rented properties
