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Question 1

Protection Order Conditions of the Respondent relating to weapons

Answer 1

• The Respondent must not posses or have any weapon (Firearm, airgun, pistol) under their control or hold a firearms license

Question 2

What do you do if there is insufficient evidence to arrest for a family violence offence?

Answer 2

• Consider issuing a PSO
• Ensure the victim is safe before leaving
• Do not give warnings

Question 3

What are the requirements when applying for warrants for breaching a PSO?

Answer 3

You may apply to the Court for a warrant to be issued if

• You have RGTB that the person is a the address (includes power of entry)
• Lasts for one month
• Must be withdrawn if you can’t find them

Question 4

Who can issue a Protection Order?

Answer 4

Family Court or District Court

Question 5

When a person breaches a PSO and fails to attend court (would be under a summons).

What are the Prosecutor, Officer of the Court or Constable obligated to do in regards to contact with the protected person?

Answer 5

Must
- Make 3 attempts to telephone call them within 1 hour
- Then send a local unit to complete a 4Q follow up event
- Update NIA record to reflect the action taken

Question 6

When can a PSO not be issued?

Answer 6

• When a person has been charged for a FV offence
• When a person is under 16 years of age

Question 7

A Breach of Protection Order and an assault has occurred.

What must you do?

Answer 7

• Charge the offender with the assault and for the breach.
• Do not release the offender on bail for 24hrs provided there is no court hearing before the period has elapsed.

Question 8

What are the restrictions on Police bail for family violence offences?

Answer 8

• A person must not be granted police bail for 24hrs immediately following their arrest.

Note: When granting Police bail (after 24hrs), you must have authority of a supervisor of or above the level of sergeant before granting Police bail