Protection orders Flashcards
(12 cards)
Protection order aims
to protect victims from domestic violence
Protection order can be issued by
Family court and District Court
Applicants for protection orders can be
- a person in a domestic relationship with another person
- a representative of a child
- the representative of the person lacking capacity
- 3rd party on behalf of the victim
Respondent of the protection order
The person against whom the protection order will be sought
If the respondent is a child, i.e. unmarried under 17 y.o.
the protection order cannot be received
Applications for the protection order can be made
on notice/without notice to the respondent.
Grounds for the protection order
- the was a family violence incident
- the order is necessary to protect the applicant/child
Application without notice
The court must be satisfied that a delay might put the applicant on a risk of harm or hardship.
Temporary protection order
If an application made without notice. Becomes final three months after.
Standard condition of the protection order
- Violence: no abuse/threats/damage to the property of the applicant or encouragement for another person.
- Contact: no contact with the applicant if not living in the same dwelling.
- Weapons: all firearms or other weapons, as well as the related licences, must be surrendered to Police.
Powers of arrest
Any constable can arrest without a warrant any person whom he has a GCTS has:
- contravened the protection order (Domestic Violence Act 1995, Section 50(a))
- failed to comply with the conditions of the protection order (Domestic Violence Act 1995, Section 50(b))
Offences related to the Protection Order
Domestic Violence Act 1995 Section 49(1)(a)Contravening a protection order - 2 years Section 49(1)(b)Failing to comply with the conditions - 2 years Section 49(1)A Failing to Comply with the Court's Directions - 6 months/$5000
