Domestic Violence Act 1995 Flashcards
How is a domestic relationship defined under the Domestic Violence Act 1995?
It is a relationship where a person:
A) is a partner of the other person
B) is a family member of the other person
C) ordinarily shares a household with the other person
D) has a close personal relationship with the other person
What are the ages of a child and minor under the Domestic Violence Act 1995?
Child is anyone under the age of 17.
A minor is anyone aged between 17 and 19 and who is not married.
What are the three standard conditions of a Protection order?
1) no violence
2) no contact
3) no weapons or firearms license
What non-standard conditions can be added to a protection order?
Occupation order
Tenancy order
Ancillary order
Furniture order
What is an occupation and tenancy order?
An occupation order gives the applicant sole right to occupy a house that both parties may own together. A tenancy order is the same but for a rented property.
How can a protection order be breached?
Do any act that contravenes a protection order
Fail to comply with any conditions on the protection order
Fail to comply With a direction to attend a programme.
They can be arrested for breaching the first two.
What is a furniture and ancillary furniture order?
This gives the applicant the right to the furniture in the house. Normally this is justified by it being needed for the kids. Ancillary furniture order is only if they are also applying for an occupation or Tenancy order as well.
What is the definition of family violence?
Violence against a person by another person with who that person is, or has been in an intimate relationship or who is a family member of that person.
Who are the two parties involved in a protection order?
The applicant and the respondent.
What are the grounds for a protection order?
- there was domestic violence by the respondent
- the order is necessary to protect the applicant or the applicants child or both.
Firearms licenses held by the respondent are deemed to be:
SUSPENDED when a temporary order is in place and,
REVOKED when a permanent order is in place.
