Flashcards in Family Violence Deck (29)
In terms of the Domestic Violence Act, who is a child?
A person under the age of 17, unless they are or have been married/civil union/de facto relationship
In terms of the Domestic Violence Act, who is a minor?
A person who is between 17-19, or a person under 17 who is or has been married/civil union/de facto relationship
Under Section 3 of the Domestic Violence Act, what is "violence"?
What is "physical abuse"?
Assault and actual physical harm.
What is "sexual abuse"?
Assaults of a sexual nature (Lawrence, take note)
What is "psychological abuse"?
Intimidation/harassment/damage to property/threats of physical-sexual-psychological abuse.
What constitutes psychological abuse of a child?
Causing or allowing a child to see or hear the sexual/physical/psychological abuse of someone with whom they are in a domestic relationship, or putting or allowing that child at risk of seeing or hearing that abuse.
What does section 4 of the Domestic Violence Act state?
The definition of a domestic relationship, specifically that a domestic relationship is where someone is: a partner of the other person, or family member of the other person, or ordinarily shares a household with the other person, or has a close personal relationship with the other person.
What does the definition of a domestic relationship in the Domestic Violence Act generally not include?
Landlord-tenant, employer-employee and employee-employee.
What is the deciding factor on whether two people are in a close personal relationship?
The amount of time they spend together.
What is IPV?
Intimate partner violence.
What is the definition of Family Violence?
Violence (physical/sexual/psychological abuse) by a person who is, or has been, in an intimate relationship with, or who is a family member of, the other person.
What is a Family Safety Team (FST)?
Multi-agency teams, led by police, who work on complex risk cases of family violence.
What is an FVC?
Family Violence Coordinator.
What is a PSO?
Police Safety Order.
What is a PAR?
A person at risk.
Who is a bound person?
A person against whom a PSO has been issued.
What is a POI?
A person of interest (NIA Alert)
Who can apply for a protection order?
A person who is or was in a domestic relationship with the other person, a representative of a child as above, a representative of a person lacking capacity as above, or a third party on behalf of the victim, AND they have to prove that they have or are likely to be abused.
Who can be the respondent (recipient) of a protection order?
A person with whom the applicant is or has been in a domestic relationship with, unless that person is a child (under 17).
What are the grounds for a protection order?
Family violence by the respondent or another, AND that the order is necessary for the protection of the applicant or the applicants child (or both).
What are the factors the court must consider before refusing to grant a protection order?
The applicant (or a child of the applicants) perception of the seriousness of the behaviour for which the order has been applied, the effect of that behaviour on the applicant (or a child of the applicants family), and if the behaviour seems trivial, whether it nevertheless forms part of a pattern that the applicant/child/family needs protection from.
What must the court consider before granting a protection order without notice?
Whether or not a delay in granting that order will or might entail risk of harm to the applicant/child/family.
What are some of the standard conditions imposed on protection orders?
Violence, contact, weapons.
What is an occupation order?
Gives the applicant and their children the right to personally and exclusively occupy the dwelling house.
What is a tenancy order?
Gives the applicant the tenancy of any dwelling house which, at the time the order is made, the other party is either the sole tenant or a tenant holding jointly with the applicant.
What is an ancillary furniture order?
Gives the applicant the exclusive possession and use of all furniture/household appliances/household effects in the dwelling house. Court must be satisfied that the applicant and respondent have lived in the dwelling house at the same time and the applicant will be living in the dwelling house when the order is made.
What is a furniture order?
The same as an ancillary furniture order, except furniture orders may be applied for when there is a protection order but no occupation or tenancy order, and no furniture order will be granted without notice unless the court has made or makes at the same time, a protection order.