DV

Question 1

S5 (2) C9DPV) Act 2007

Answer 1

Further relationships - Current partner + former partner are in a relationship etc

Question 2

S11

Answer 2

Domestic Violence Offence

Personal Violence Offence (S4) committed against someone whom in a relationship with (S5)

Question 3

S39?

Answer 3

Final order to be made on guilty plea or finding of guilt for serious offences.

Question 4

S23

Answer 4

Interim Order made by registrar with consent

Question 5

S31

Answer 5

Provisional Order Service
Personally
By Police
As soon as practicable after made.

Question 6

S49 (3)

Answer 6

When an application need not be made

• AVO already in force
• Application already been made

Question 7

S72 - Definition of Application?

Answer 7

An application to vary or revoke an order

Question 8

S72 Definition of Interested Party

Answer 8

Protected person, PP parents, PP guardian, FACS if PP is child, Defendant

Question 9

Contravene AVO defences

Answer 9

• Wasn’t served or in court
• In process of complying with APRO.
• Contravention necessary to attend mediation.

Question 10

S13

Answer 10

Stalk + Intimidate w intent to cause fear of Mental or Physical Harm.

Question 11

S13, how to prove intent?

Answer 11

If defendant knows the behaviour likely to cause fear .

Question 12

S13, does victim have to actually experience fear?

Answer 12

No.

Question 13

S14?

Answer 13

Knowingly Contravene AVO

Question 14

S14, what must be proved?

Answer 14

Knowingly

Question 15

S6?

Answer 15

Relatives

Mum, Dad, In-laws, Steps, Grandma Grandpa
Son, Daughter, In laws, Steps
Brother, sister, in laws, steps.
Aunt, Uncle, In laws
Nephew, neice,
cousin

Question 16

S32?

Answer 16

Duration provisional order remains in force

Question 17

Under 32, 3 ways AVO can end?

Answer 17

• Revoked
• Final order made, and Defendant served or at court
• Proceedings relating to final order are withdrawn or dismissed.

Question 18

S37?

Answer 18

Ancillary Property Recovery Orders

Question 19

72C?

Answer 19

Police must be served with notice of application (vary or revoke) made in POLICE INITIATED order.

Question 20

S16 (2)

Answer 20

Fears not required for an ADVO when;

• PP under 16
• Below average intelligence
• Subjected to personal violence offence and likely to occur again, and order necessary in circumstance to protect from further violence.

Question 21

S16 (1), AVO heard on Balance probs or beyond reasonable doubt?

Answer 21

Balance of probabilities

Question 22

S16 (1)

Answer 22

Court May make ADVO
If satisfied on Balance of probs
- PP has reasonable grounds to fear (objective) and in fact feares (subjective)
- Def wil commit perosnal violence offence against them
- Intimidate or stalk them
- Court opinion that conduct sufficient to warrant AVO>

Question 23

S16 (1), what two tests relate to fear when determining AVO?

Answer 23

Subjective and objective

Question 24

S16 (1), Court must be satisfied fears against what offences before grant AVO?

Answer 24

Personal Violence Offence (S4)
Stalk Intimidate (s13)

Question 25

S4?

Answer 25

Personal Violence Offence Violent offence under Crimes Act Offence under S13 (Stalk Intimidate) + S14 9 Contravene AVO) - Attempt to commit one of the above

Question 26

S4, does the offence have to be committed or can an attempt personal violence offence constitute the offence?

Answer 26

An attempt constitutes.

Question 27

S13, What does intimidation include?

Answer 27

conduct amounting to harassment + molestation, causing reasonable apprehension of injury.

Question 28

Can we accept undertakings?

Answer 28

No

Question 29

How do we withdraw an AVO?

Answer 29

Must comply with SOPS.

Question 30

S83?

Answer 30

Bail ACt 2013 applies if application for final AVO or interim order made.

Question 31

S72D

Answer 31

Court may notify Police and interest parties if application is made and PP is a child if court believes in best interest of child to do so.

Question 32

S49

Answer 32

Application for AVO must be made if invest Police suspects or believes; - DV offence - Young person/Child abuse is occurring, has occurred, is likely or imminent. - Proceedings for above offences have commenced.

Question 33

72B (1)

Answer 33

Police initiated order, if PP is child, interested party must seek leave of court to make application.

Question 34

72B (2)

Answer 34

Court may grant leave if; - SIGNIFICANT change circumstance - Application from FACS because care plan clashes with order

Question 35

When won't court grant interested party leave to make application in order where child is PP under s72B?

Answer 35

If will increase risk of harm to child.

Question 36

72A

Answer 36

Making of Application | Application may be made to court at ANY TIME.

Question 37

72A, who can make application?

Answer 37

Police or interested party

Question 38

72A, What must be set out when making application?

Answer 38

Grounds for which app is made or nature of variation.

Question 39

S40?

Answer 39

Interim order must be made for serious offence

Question 40

S75?

Answer 40

Variation may be made to final or interim order on plea guilty or finding of guilt.

Question 41

What variations should we seek under S75?

Answer 41

- Add children - Increase duration - Strengthen conditions

Question 42

S22?

Answer 42

Court may make interim orders

Question 43

S22, what two conditions must court satisfy to make interim orders?

Answer 43

If deem necessary and appropriate

Question 44

What does 22 say about defendants presence?

Answer 44

Doesn't have to be there for interim order creation, doesn't even have to be notified of proceedings.

Question 45

What evidence can be admitted when court deciding on interim order under 22?

Answer 45

Affidavit of evidence or Police Statement

Question 46

S5?

Answer 46

``` Relationships. Is/Was Married Defacto Intimate personal Living together Shared long term residential facility Carer, paid/unpaid Relative Aboriginal Kin ```

Question 47

Scenario Question: You are in Court and there is a personal charged with Malicious Damage. You look at the papers and notice that the Accused is the uncle of the Victim and there is no application before the Court. What would you do? Cite the Section(s) you rely on

Answer 47

As per Section 11 of the C(D&PV)Act, the matter is defined as a Domestic Violence Offence because the persons are in a domestic relationship (Relatives under Section 6) and there is a personal violence offence, being the malicious damage. In this scenario, the Police officer should have made an application for a provisional order, under either Section 27 or 49 as the legislation states that they must, however, if the application has not been made, the Court may make that Interim Order (under Section 40) whether or not there is an application before it.

Question 48

Can an expired AVO be revoked?

Answer 48

No

Question 49

Can AVOs have bail conditions?

Answer 49

Yes, S83.

Question 50

Is there an offence for contravening an Ancilliary Property Recovery Order?

Answer 50

Yes. Section 37(3) of the Act: (6) A person must not, without reasonable excuse, contravene a property recovery order or obstruct a person who is attempting to comply with a property recovery order. Maximum penalty: 50 penalty units.

Question 51

S27?

Answer 51

Application for AVO must be made if; - Police Officer suspects or believes that; A DV Offence or offence against S13 has, is, likely, imminent. - Child young person abuse offence Proccedings commenced for above offences.