The Domestic Violence Act 1995

Question 0

What is the definition of a minor?

Answer 0

A person who is between 17-19 years old
OR
A person who is under 17 and is, or has been married or in a civil union or a de facto relationship

Question 1

What is the definition of a child?

Answer 1

A person who is under the age of 17 years

Does not include a person who has been married or in a civil union or a de facto relationship

Question 2

What is violence defined as?

Answer 2

Physical abuse
Sexual abuse
Psychological abuse

Question 3

What is domestic violence?

Answer 3

Means violence against any person by any other person with whom the first person is, or has been, in a domestic relationship.

Question 4

What is physical abuse?

Answer 4

This relates to assault and actual physical harm to another person or persons.

Eg assault

Question 5

What is sexual abuse?

Answer 5

These are assaults of sexual nature.

Question 6

What is psychological abuse?

Answer 6

• intimidation
• harassment
• damage to property
• threats of physical, sexual and psychological abuse

Question 7

What does domestic relationships include?

Answer 7

Partners, family members, people who share a household, same sex relationships, close personal relationships, but not employee-employer or tenant-landlord relationships.

Question 8

What is ODARA?

Answer 8

Ontario Domestic Assault Risk Assessment tool

Developed to predict recidivism of assault in intimate partner relationships

Question 9

What is a PSO?

Answer 9

Police safety order

Question 10

What is a PAR?

Answer 10

Person at risk

Question 11

What is a bound person?

Answer 11

The person against whom a PSO has been issued

Question 12

What is a POI?

Answer 12

Person of interest

Question 13

What is a protection order?

Answer 13

Protection given to specific persons to protect them from domestic abuse

Question 14

Who can apply for a protection order?

Answer 14

• 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 the person’s behalf
• a third party on behalf of the victim

Question 15

What type of people can be the subject of an order (respondent)?

Answer 15

Person who respondent had a relationship with usually

Most applications are made without notice.

Question 16

What are the grounds for a protection order?

Answer 16

The court must be satisfied:

There was family violence and the order is necessary for protection of the applicant or the applicants child or both.

Question 17

What must the court consider before refusing a protection order?

Answer 17

Perception
Effect
Trival or minor

Question 18

How long does it take for the protection order to become final?

Answer 18

3 months

It is a tempory order the first 3 months

Question 19

What are the standard protection order conditions?

Answer 19

Violence
No physically, sexually or psychogically abuse to protected person (or threats)
No damage or threaten to damage the protected persons property

Contact
Where parties are not living in the same dwelling house, there is an automatic non-contact conditon

Weapon
Must not possess or have under their control any weapon
Firearms licence is deemed to be suspended when a temp order is made and revoked on the making of a final order (firearms licence and weapons must be surrended within 24 hours to police)

Question 20

What are the bail conditions for a person arrested for a breach of a protection order?

Answer 20

The person must not be released on bail by a member of police during 24 hours immediately following the arrest.