Family Harm / Family Violence Act 2018 Flashcards
AA
Attitude / Approach
CCC
Connection / Conversation / Change
Types of abuse
Types of abuse
- Physical
- Psychological
- Sexual
Three phase cycle
Tension
Crisis
Honeymoon
Who can apply for a Protection Order (PO)?
- Person in domestic relationship with another person
- Representative of child
- Representative of person lacking capacity
- Third party on behalf of person
PO cannot be placed against a child
Associates of respondent can also receive POs
Grounds for a PO
Court must be satisfied that:
- There was family violence by respondent
- The order is necessary for the protection of applicant / their child
How long is a PO temporary?
3 months
Standard conditions of a PO
Respondent must not:
- Actually / threaten to physically, sexually, psychologically abuse protected person
- Damage / threaten to damage property of protected person
- Encourage any person to do any of the above
- Non-contact if living apart (can live together if already living together & with express consent of protected person)
- Watch / loiter near / prevent freedom of movement to / from any place (residence, school, work, anywhere the applicant frequents)
- Follow, stop or accost applicant
- Enter / remain on property occupied by applicant w/out consent from applicant
- Make contact with applicant unless emergency
- Respondent must not possess / have under control any weapon (firearm, airgun, pistol, restricted weapon, ammunition, explosive (AA 1983 s.2))
- Respondent must not hold firearms licence / must surrender weapons / licences to Police within 24 hours of receiving notice of PO
- Firearms licence suspended when temporary order made - revoked when order made final
- Weapons conditions applies to associate of respondent
Breach of PO
Power to arrest - FVA 2018 s.113
Where protection order is in force, you may arrest person you have good cause to suspect has:
- Section 113(a) - contravened the protection order
- Section 113(b) - failed to comply with any condition of the protection order
Person must not be let out on bail for 24 hours & must be brought to court, if a judge is not available, person must be let out on bail and summoned
Who can authorise a Police Safety Orders (PSO)?
Sergeant or higher
Is consent needed from person at risk to issue a PSO?
No, consent is not required by the person at risk to issue a PSO
Can a PSO be issued on someone 16 or younger
No, unless, that person is or has been married / in a civil union / de facto relationship
Conditions of a PSO
Conditions of a PSO
- Surrender weapons & firearms licence
- Vacate any place occupied by PAR
Must not:
- Physically / Sexually / Psychologically threaten or abuse PAR
- Damage / Threaten to damage property of PAR
- Encourage anyone else to do anything prohibited by these conditions
- Watch / loiter near / prevent freedom of movement to / from residence, school, work, anywhere else the PAR frequents
- Follow / stop PAR
- Trespass any place the PAR is present
- Contact PAR except in emergency
How long can you detain someone to issue a PSO?
2 hours
How long do you have to serve a PSO?
48 hours
