Protection Orders Flashcards
Wo are protection orders issued by
The family/district court
Civil process
What is a respondent
People who ate the subject or the order
In most cases the application for a protection order will be sought against the person whom the applicant has a family relationship with
The respondent can challenge the application.
What is an applicant
Who the protection order is for
A person who is or has been in a family relationship (victim)
Children in the relationship can be included.
What must are the courts requirements before granting a PO
The respondent has inflicted or is inflicting family violence against the applicants family or both. The order is necessary for the protection of the applicant or the applicants child or both.
What re the different way of getting a protection order
- With notice (family court)
- Without notice - most common
- temporary - 3months (family court)
- Upon sentencing (district court)
- After a PSO breach (district court)
What are the standard conditions against violence
The respondent must NOT
Physically, sexually or psychologically abuse or threaten to abuse the protected person
Damage or threaten to damage the property of the protected person
Encourage any person to do any of the above.
What are the standard conditions for contact
Where parties are NOT living in the same dwelling house. There is an automatic non-contact condition.
While the protected person and the respondent are, with the EXPRESSED CONSENT of the protected person living in the same house, the non contact provision is automatically suspended. ( only applicable to POs)
The respondent may not
Watch or loiter near or prevent or hinder acess to or from any place of residence, business, employment, educational institution or other place that the protected person visits often.
Follow, stop or accost (confront) them
Enter or remain on property occupied by the protected perso without consent from then
Make any contact with protected perso unless it is reasonably necessary in an emergency or is permitted under a custody or access order, or under special conditions.
What are the standard conditions for weapons
The respondent must notmpossess or have under their control any weapons (weapons defined section 8 FVA 2018)
The respondent must not hold a firearms licences and must surrender weapon and licences to police as soon as practicable after the service of the protection order, but any any case no later than 24 hours after or on demand at any time by any constable.
A firearms licences is deemed suspended when a temporary order is made and revoked on the making of a final order.
What action can police take regulating fire arms
If established one protection order is recieved thatvtge respondent hold a firearms licences
Section 27 to 27A of the arms act 1983 revocation of licences and section 18 of the search and Surveillance act 2012 - search and seizure of arms and firearms licences
When does a temporary protection order become final
3 months after the date the order is made
When does a person receive bail conditions
When a person is arrested for a breach of the protection order conditions
Note - you can not arrest for a breach of conditions you arrest because of the condition that was breached.
What are the bail conditions for a breach in PO
24 hour cool off period
The person arrested must not be released during the 24 hours immediately following arrest, police are required to bring the person before court ASAP and the court may bail the person
Police bail
At the end of the 24 hours the person may be realised on police bail with condition including
Curfew provisions
Non residency and non association clauses
Must not interfere with persons employment
Must be authorized by NCO
Obligations to protected person
Protected person must be informed of the intention the release of the offender and given and opportunity to comment on any conditions of bail.
Where does your power of arrest come from when dealing with breach of PO
Section 133 FVA 2018
States that where ther is a PO in force any constable may arrest, without warrant any person who they have good cause to suspect has contravened the protection order or failed to comply with any conditions of the PO.
Wht do the police need to determine good cause to suspect
Evidence the protection order exists
A sound basis for assuming a breach has occurred
A sound basis that the respondent was responsible for the breach
