1
Q
What is a Protection Order (PO)?
A
- A civil remedy issued by the Family Court (or sometimes the District Court)
- Aims to protect victims of family harm
- Protects specified people named
- Has standard conditions, but sometimes extra special conditions
2
Q
What is a PO Applicant?
A
The person who is protected by the PO
- applications can also be made for a child or person lacking capacity, by a representative or for a victim by a third party.
3
Q
What is a PO Respondent?
A
The person the PO is against
- applications can also be made to apply to the associates of the respondent
- child must be 16 and the order must be justified by special circumstances
4
Q
What are the 4 ways to get a Protection Order?
A
In the Family Court (1-2):
- With Notice (both parties go to court)
- Without Notice (respondent not present when made and unaware of application)
And at District Court:
- Upon sentencing (DC) - Final or Temporary
- After PSO Breach (DC)
5
Q
When would an Application Without Notice for a Protection Order (PO) be made?
A
- Court must be satisfied a delay would lead to risk of harm or undue hardship to applicant, child of applicant or both.
6
Q
How long is an Application Without Notice for a Protection Order (PO)?
A
- Temporary - 3 months
- After 3 months, becomes final, unless respondent notifies court they want to be heard or applies for a variation of discharge
7
Q
What are some associated orders that can be added to a Protection Order?
A
- Occupation of Tenancy Orders
- Furniture Orders
- Parenting Orders (dealing with custody of children) - breaches of parenting orders are dealt with by family court
8
Q
What are the requirements for a Protection Order (PO)?
A
- respondent has inflicted, is inflicting family violence against applicant, child of applicant’s family, or both
And
- the order is necessary for the protection of the applicant or applicant’s child, or both
9
Q
What are the standard conditions of a Protection Order (PO)?
A
- Non-violence
- Non-contact
- No weapons
10
Q
Details about PO condition of Non-violence.
A
Respondent must not commit the following to protected person(s)
- engage in family harm or encourage anyone else to
- ill-treat house dog or other animals important to applicant or family
- Engage in harassing behaviour (eg. Loitering, stalking)
- Disrupt care needs because of age, disability, health condition
11
Q
Details about PO condition of Non-contact?
A
- Protected person may suspend or reinstate standard no- contact conditions as a result of respondent’s behaviour any number of times
- If a protected person wants contact with respondent, must give consent in writing
- Protected person can withdraw consent at anytime and stop contact. Only need to tell respondent.
- special conditions can formalise ongoing contact
- Contact is not a breach if it is reasonably necessary in an emergency, permitted under custody order, necessary to attend family group conference, attend court, or any special condition.
12
Q
Details about PO condition of Weapons
A
- Respondent must not possess or have under their control any weapon (defined in Section 8 of Family Violence Act 2018 as any firearm, air gun, pistol, prohibited part, restricted weapon, ammunition, or explosive, as those terms are defined in Arms Act 1983.)
- Respondent must not hold firearms licence and must surrender all weapons and license to police as soon as practicable, no later than 24 hours or on demand for constable
- Firearms licence is suspended during Temporary Order and revoked when order is made final
- Conditions also apply against an associated respondent
13
Q
Explain Warrantless Searches associated with “arms”, with specific attention in relation to Family Harm and Protection Orders?
A
A Constable who has reasonable grounds to suspect that a person who is carrying or is in possession of arms or had them under their control and
- person is in breach of Arms Act 1983
- person, by reason of physical or mental condition, is incapable of having proper control of the arms
- person, by reason of physical or mental condition, may kill or cause bodily I key to any person
- PROTECTION ORDWR IS IN FORCE AGAINST PERSON UNDER THE FAMILY VIOLENCE ACT 2018 or
- THERE ARE GROUNDS TO MAKE APPLICATION AGAINST PERSON FOR PO UNDER FVA2018
- PSO IS IN FORCE AGAINST PERSON UNDER FVA2018
Then you may…
- search the person
- search anything in person’s possession or under their control (including vehicle)
- seize and detain any arms found
- seize and detain person’s firearms license
14
Q
While court staff, bailiffs or agents often serve Protection Orders, when would police serve POs?
A
- when respondent holds firearms licence or believed to be in possession of firearms
- respondent assessed as being significant risk to server
- being served without notice
15
Q
What are some Protection Order Offences/Breaches?
A
Section 112 Family Harm Act 2018
It is an offence for a person to, without reasonable excuse:
- do any act in contravention of a protection order
- fail to comply with any condition of a protection order
Punishment: Max 3 years
Examples of breaches: entering or remaining in property occupied by protected person without consent, following protected person etc
16
Q
What is a PSO?
A
Police Safety Order
- Immediate order issued by Police where concerns remain for the safety of a person or persons at family harm episode
- may use for a cooling off period
- may use when there is insufficient evidence to arrest
17
Q
Who can issue a PSO (Police Safety Order)?
A
- Constable, with approval from qualified constable (Sergeant or above, not acting sergeant)
18
Q
In relation to a PSO, who is a PAR (Person at Risk)?
A
- person names in the order, for whose safety the order is issued
- any child residing with that person, including children of person whom order is issued against, whether person is at risk is also a parent or not)
19
Q
In relation to a PSO, who is a Bound Person?
A
- person whom the order is issued against. They are bound by the conditions outlined in the PSO
20
Q
Who cannot have a PSO issued against them?
A
- a child, unless child is 16 or over and order is justified by special circumstances
21
Q
What considerations should be made when deciding whether to issue a PSO?
A
- insufficient evidence to arrest and believe it necessary for safety of person(s) at risk
Is it likely that?
- person has or is inflicting family violence
- they will inflict family violence against PAR
- the welfare of children residing ordinarily or periodically with the person at at risk
- will it cause hardship?
- any other relevant matters?
Also consider the following (not in the act)
- previous interactions with police
- history of mental illness
- presence or history of intoxication
- propensity for violence
- previously issued POs or PSO/
22
Q
“Child” defined by Family Violence Act 2018
A
Person under 18
23
Q
CPP
A
Child Protection Protocol
- joint process follows when OT and Polixe respond to actions or behaviour that meet certain threshold. These actions or types of behaviour fall into
- sexual abuse
- serious wilful neglect
- physical abuse
CPP submitted via 5F
24
Q
“Violence” defined by Family Violence Act 2018
A
S9
- physical abuse
- sexual abuse
- psychological abuse
25
“Family Violence” defined by Family Violence Act 2018
Violence inflicted
- against a person and
- by another person whom that person is or has been in a family relationship
26
“Psychological Abuse” defined by Family Violence Act 2018
S9
- threats of physical or sexual abuse
- intimidation or harassment,
including watching, loitering, preventing or hindering access to somewhere victim visits often, following, stopping or accosting the victim in any place
- damaging victims property
- ill-treatment of household pets or other animals
- financial abuse or control
27
“Psychological abuse of a child” defined by Family Violence Act 2018
Person psychologically abuse child if they
- cause child to see or hear physical, sexual, or psychological abuse of their family member
- puts the child at risk of seeing or hearing that abuse occurring
The victim of the abuse if not responsible for child seeing or hearing this
28
“Episodic nature” defined by Family Violence Act 2018
S10
Abuse may be result of single act or number of acts that form pattern of behaviour
29
CYPeFH
Child or young person expose to Family Harm
30
“Family Relationship” defined by Family Violence Act 2018
S12
A - spouse or partner
B - another family member
C- someone with whom they ordinarily share a house
D - someone with whom they have a close family relationship
S13 provides sharing a household doesn’t include
I - landlord/tenant relationshi
II - employer/employee
III - employer/employee relationshio and they occupy a common dwelling
31
ROC
Report of Concern
- notification to Oranga Tamariki where the attending officer identified care and protection concerns.
- notification is based on the attending officers observations that there is a CYP in need. This notification of concern it NOT A CPP REFERRAL IN THE FAMILY HARM INVESTIGATION APP
32
How long can you detain someone to issue a PSO against them?
2 hours
33
How long do you have to find someone to serve a PSO?
48 hours
34
If someone breaches a PO
Take into custody or one month to find (to take into custody)
35
What are court options after PSO breached?
- nil
- new PSO
- temp PO
36
Strangulation
189A, Crimes Act 1961
Person commits offence if they intentionally or recklessly impede another person’s breathing, blood circulation, or both, by
A - blocking other persons nose, mouth, or both
B - applying pressure on, or to, that other person’s throat, neck, or horh
Offence covers strangulation by asphyxia and suffocation
Asphyxia is closure of blood vessels or air passages of neck as a result of external force of neck
suffocation produced by blocking nose and or mouth
37
Assault on person in family relationship
S194A Crimes Act
A - assaults another person
B - is or has been in family relationships with that person
- spouse/partner
- family member
- ordinarily share household
- have close personal relationship (just be very significant and lots of time spent and lived together)
Perkshd colajhe
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