Domestic Violence Act 1995 Flashcards Preview

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Flashcards in Domestic Violence Act 1995 Deck (33):

What is the Domestic Violence Act 1995 designed to do

to reduce and prevent violence in domestic relationships


What is the definition of a child under this act

a person who is under 17 years but does not include those who have been married or in civil unions or de facto relationships


What is the definition of a minor under this Act

a person between 17 and 19 yrs old, or those under 17 who have been married or in civil unions or in de facto relationships


What is violence defined as by the Act

Physical abuse, sexual abuse, psychological abuse


How is psychological abuse defined in relation to a child

1) a person causes or allows a child to see or hear the physical, sexual or psychological abuse of a person with whom the child has a domestic relationship
2) puts the child, or allows the child to be put, at real risk of seeing or hearing that abuse occuring


How is a domestic relationship defined

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


Who can apply for a protection order (Applicant)

- a person who is or was in a domestic relationship with another person
- the representative of a child on a child's behalf
- the representative of a person lacking capacity on the persons behalf
- a third party on behalf of the victim e.g. police


Who can be the subject of an order (Respondent)

Normally is against a person with whom the applicant has a domestic relationship. In some instances can also be against an associate of this person


What are the grounds for a protection order

- there was family violence by the respondent or another
- the order is necessary for the protection of the applicant or the applicants child or both


What must a court consider before refusing to grant a protection order

- the perception of the applicant of the nature and seriousness of the behaviour
- the effect of that behaviour on the applicant or the child
- whether the behaviour forms part of a pattern of behaviour that the child or family needs protection from


Why would an application without notice be granted

Court must be satisfied that a delay would or might entail risk of harm or undue hardship to the applicant or a child


How long are applications without notice granted

these are temporary orders that last 3 months. They become final after this date unless challenged by the respondent


What are the standard conditions in a protection order

violence, contact, weapons


What are the potential orders relating to property

occupation order, tenancy order, ancillary furniture order, and furniture order


What is the difference between an occupation order and tenancy order

Both give ability to exclusively occupy the dwelling but an occupation order relates to owned homes whilst a tenancy order relates to rented homes


How long does an ancillary furniture order last

a temporary orders last for 3 months. A final order last for 6 months


How is a furniture order different from an ancillary furniture order

An ancillary furniture order is linked to either an occupation or tenancy order. A furniture order may be applied for a protection order


What are the conditions relating to weapons

- respondent must not possess or have control of any weapons
- respondent must not hold a firearms licence and must surrender weapons and licences to police within 24hrs
- a firearms licence is deemed to be suspended when a temporary order is made, and revoked if the order is made final


What are the protection order offences

• s49(1)(a) - do any act in contravention of a protection order
• s49(1)(b) - fail to comply with any condition of a protection order
•s49A(1) - fail to comply with a direction to attend a programme


How can power of arrest be used for offences against protection orders

• Powers of arrest can be used, under the Domestic Violence Act, for GCTS contravening a PO or failing to comply with a condition of the PO
• there is no power of arrest for s49A(1) under this Act but an arrest can be made under the Crimes Act if WEEP


What are the bail conditions for protection orders

Where a person is arrested for breaching a PO, they must not be released on bail by the police for 24hrs immediately after arrest


What is a Police Safety Order

an order issued by a constable using the prescribed form


Who can issue a PSO

any constable may issue a PSO if authorised by a qualified constable. A qualified constable is of, or above, the rank of sergeant


Who is a bound person

the person against whom the order is issued becomes a bound person


What action are available to take at a family violence incident

1) No further action - must establish that no family violence offence has been committed
2) Issue a warning - done after a review of the file by a family violence coordinator
3) Issue a PSO
4) Arrest - if any offence has been disclosed and there is sufficient evidence


Is consent required to issue a PSO

No, police do not need the consent of the person at risk to issue a PSO


How is a person at risk defined

it is the person named in the order or any child residing with that person


Who cannot have a PSO issued against them

A PSO cannot be issued against a child (under 17yrs)


What is the power to detain for a PSO

A constable intending to issue a PSO may detain that person for no longer than 2 hours


What are the requirements of a PSO

- person must immediately surrender any weapon or firearms licence held
- the person against whom the order is issued must immediately vacate land occupied by the person at risk


What is the duration of a PSO

minimum of 24 hrs to a maximum of 5 days


When must a PSO be served

A PSO must be served by a constable as soon as practical. If it is not served within 48hrs of being issued, the order lapses


What must be explained when a PSO is served

When serving the order you must explain to both the person against whom it is issued and the protected person:
- purpose of the order
- effect of the order
- duration of the order
- consequences of contravening the order