Domestic Violence Act 1995

Question 1

What is the definition of a violence?

Answer 1

DVA 3: Definition of violence; physical, sexual, & psychological abuse - Psychological abuse = (but not limited to) intimidation, harassment, damage to property, threats of abuse

Question 2

What is the meaning of a domestic relationship?

Answer 2

DVA 4: Meaning of domestic relationship; = a) a spouse or partner, b) a family member, c) ordinarily shares a household with, d) has a close personal relationship with the other person –> in relation to 4(1)(d) does not include employer-employee relationship/employee-employee. Also for 4(1)(d) Court must regard: a) the nature and intensity of the relationship (time spent, place spent, manner spent) and b) duration of relationship

Question 3

17

Answer 3

DVA 17: In some cases where the respondant’s associates make serious threats, court may direct that the order apply against associate as well as respondant

Question 4

What are the standard conditions of a PO relating to weapons?

Answer 4

The respondent must not posses or have under their control any weapon and must not hold a firearms licence.

The respondent must, as soon as practicable but no later than 24hrs and on demand made by police surrender any weapon under/in control/possession and firearms licence.

Question 5

What must the Police do when seized weapons under a PO?

Answer 5

DVA 25: Police storage and disposal of weapons; if firearms licence suspended then Police must retain and store weapons. If firearms licence revoked, firearms are forfeited and are disposed in accordance with s28 Arms Act 1983

Question 6

49(1)(a)

Answer 6

DVA 49(1)(a): Offence to do any act in contravention of a protection order e.g. entering or remaining on property occupied by the protected person

Question 7

49(1)(b)

Answer 7

DVA 49(1)(b): Offence to fail to comply with any condition of a protection order e.g. failing to surrender firearms licence

Question 8

49A

Answer 8

DVA 49A: Offenceto fail to comply with a direction to attend a programme –> POA is 315(2)(b) CA and only if WEEP

Question 9

50

Answer 9

DVA 50: Power of arrest; GCTS against 49(1)(a) and 49(1)(b)

Question 10

What is an occupation order?

Answer 10

DVA 52-55: Occupation order; gives them and their children the right to personally and exclusively occupy the dwelling house

Question 11

What is a tenancy order?

Answer 11

DVA 56-59: Tenancy order; same as occupation order just for renting

Question 12

What is an ancillary furniture order?

Answer 12

DVA 62-65: Ancillary furniture order: when applying for occupation/tenancy order gives exclusive possession and use of all or any of the furniture, household appliances and household effects in the dwelling house –> before granting must satisfy; applicant/respondent have lived in dwelling at same time & applicant is or will be living in dwelling when order is made –> temporary order is 3 months, final order lasts 6 months.

Question 13

What is a furniture order?

Answer 13

DVA 66-70: Furniture order: Same effect as above execpt; furniture orders may be applied when protection order BUT NOT occupation or tenancy order. No furniture order will be granted unless there is a protection order as well.

Question 14

When a PO has been issued by the Family Court what must the registrar do?

Answer 14

DVA 88: Requires registrar of Family Court to foward copy of protection order without delay to District Commander at the nearest police district headquarters. DC is then required without delay to forward copies to O/C of police station – nearest to where the protected person resides

Question 15

What are some considerations when deciding to issue a PSO?

Answer 15

PSO 124B: Considerations when deciding to issue PSO; approval from sergant or above, domestic violence, welfare of children if person is issued PSO, previous history, etc.

Question 16

Do Police require consent to issue a PSO?

Answer 16

PSO 124C: Police do not require consent of the person at risk to issue PSO

Question 17

Can a PSO be issued against a child?

Answer 17

PSO 124D: A PSO cannot be issued against a child (under 17yrs) (doesn’t include 16yr old married or in de facto relationship)

Question 18

What must a person immediately do when a PSO has been served?

Answer 18

PSO 124E: person against PSO must immediately surrender firearms and firearms licence. Also must vacate land occupied by person at risk. Also condition must not be in contact/engage with person at risk.

Question 19

What is the person at risk in terms of a PSO?

Answer 19

PSO 124E(3): person at risk = person named in order, any child residing with that person

Question 20

How long can you detain a person for in order to issue a PSO?

Answer 20

PSO 124I(1): constable intending to issue PSO may detain person for 2hours. Person can detained at address/police station. REMEMBER RIGHTS

Question 21

Is it an offence to fail to remain when being detained in order to issue a PSO?

Answer 21

PSO 124I(2): if person fails or refuse to remain where being detained then $500 fine. POA 124I(2)(b). Person can be arrested for failing/refusing to remain even if an PSO isn’t issued.

Question 22

What happens to parenting orders when a PSO is issued?

Answer 22

PSO 124F: While PSO in affected parenting order is suspended.

Question 23

When does a PSO start, and what is the max time period?

Answer 23

PSO 124K: PSO starts when served, max period 5days

Question 24

Who can apply for a PO?

Answer 24

a) a person who is or was in a domestic relationship with another person
b) the representative of a child on the child’s behalf
c) the representative of a person lacking capacity on that person’s behalf
d) a third party on behalf of the victim e.g. police

Question 25

What the is person whom a PO is against called?

Answer 25

The respondent.

Question 26

What are the grounds for granting a PO?

Answer 26

1) there was family violence by the respondent or another

2) the order is necessary for the protection of the applicant or the applicant’s child or both

Question 27

What are the grounds for refusing a PO?

Answer 27

1) perception of applicant/their child of the nature/seriousness of behaviour for application
2) the effect of that behaviour on applicant/child
3) if behaviour seems minor viewed in isolation or apprears unlikely to recur

Question 28

The notice to the respondent can be either with-notice or without-notice. What does without-notice mean?

Answer 28

respondent is not present or unaware an PO is being made

Question 29

When does a temp PO become final?

Answer 29

3 months, unless respondent notifies court.

Question 30

Once a PO becomes final how long does it last for?

Answer 30

Permanent. Can only be revoked by applicant.

Question 31

What are the bail conditions for arresting someone for breaching their PO?

Answer 31

respondent must not be released on bail during the 24hrs immediately following arrest Bail Act 2000 Section 23
however still required to bring person before court ASAP so court may give bail conditions before 24hrs after arrest is up

			  If not brought before court within 24hrs then Police bail - Police may impose any condition that considers reasonable necessary to protect (for offences against domestic violence act) victim, however must not interfere with person employment

Question 32

What is the person whom a PSO is issued against called?

Answer 32

The bound person

Question 33

What are the four options available to you when you attain a 1D?

Answer 33

K1, Warn, Arrest, PSO

Question 34

What weapons must a respondent hand over when served with a PO?

Answer 34

any firearm, airgun,
pistol, restricted weapon, ammunition, or explosive, as
those terms are defined in the Arms Act 1983.

Question 35

What is the purpose of a PSO?

Answer 35

The purpose of the PSO is to protect people at risk