Domestic Violence / Protection Orders Flashcards
What are the three types of violence identified in the Act?
Physical abuse
Sexual abuse
Psychological abuse
What does the term ‘psychological abuse’ mean as it relates to the Act, especially as it relates to children?
A person causes or allows the child to see, or hear, the physical, sexual or psychological abuse of a person with whom the child has a domestic relationship; or
Puts the child, or allows the child to be put at real risk or 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 the above.
What is a protection order?
A means to protect victims from DV.
Given on application to specific persons
Has certain standard conditions
Can have conditions added to suit the particular circumstances
Cannot be brought against a child (unmarried under 17)
What are the standard conditions of a protection order, especially relating to weapons?
The respondent must:
Not possess or have under their control a firearm
Surrender their FLic and F/arms to police within 24rs of being served protection order
What are the Police powers of arrest for breaches of a protection order as provided by section 50 of the Act?
Constable has GOOD CAUSE TO SUSPECT:
50(a) - Contravened the protection order
*Stalking, texting, contact, turning up at their work
50(b) - Failed to comply with any condition of the P/Order
*Failed to surrender FLicNo
What are the conditions that must be considered by police before bailing a person who is arrested for a breach of a protection order?
Must not interfere with the offender’s employment
Full consideration given to the victim’s safety
What does the term ‘domestic relationship’ mean as it applies to the Act?
Partners Family members People who share a household Same-sex relationships Close personal relationships
Exceptions: employee-employer or tenant-landlord relationships
Who are the persons against whom a protection order can be taken out?
The person (respondent) whom the applicant has a domestic relationship
The respondent’s associates (if they make serious threats)
Who are the persons against whom a protection order cannot be taken out?
Cannot be brought against a child (unmarried person under 17 years old)
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 or a child on the child’s behalf.
The representative of a person lacking capacity on that person’s behalf.
A third party on behalf of the victim.
What are the associated orders that a court can grant independently or together with an application for a protection order?
Tenancy order (rentals)
Occupancy order (home owner)
Furniture order (if reqd for another house)
Ancillary furniture order (staying in house)
What are the obligations that police have to victims of domestic violence?
Full consideration given to the victim’s safety and provisions of the Victims Rights Act 2002.
Victim informed of the intention to release the offender and given an opportunity on any conditions of bail that may be imposed on the offender.
What are the bail conditions that police can impose when bailing an arrested person before they appear in court?
Curfew provisions
non-association clauses
Any other conditions deemed appropriate
When does a protection order cease to have effect?
3 months (temporary order becomes a final order)
Final order - 6 months
What is the definition of ‘violence’ as it applies to the Act?
Violence against any person by any other person with whom the first person is, or has been, in a domestic relationship.
