Protection Orders

Question 1

What is a Protection Order?

Answer 1

Protection given to specific persons to protect them from family harm

Question 2

Who can apply for a PO?

Answer 2

• a person who was/is in a domestic relationship with another person
• the representative of a child on the child behalf
• the representative of a person lacking capacity
• a third party on behalf of a victim

Question 3

What are the grounds for granting a PO?

Answer 3

The court must be satisfied that:

• there was family harm by the respondent or another
• the order is necessary for the protection of the applicant or the applicants child or both

Question 4

What does a court need to consider before refusing a PO?

Answer 4

• perception of the applicant
• effect of the behaviour on the applicant/child
• trivial or minor offending

Question 5

How long until the PO becomes final?

Answer 5

3 months, it is temporary for the first 3 months

Question 6

What are the standard conditions of a PO?

Answer 6

• No violence, including towards property
• No contact, automatic if living at seperate at addresses
• No weapons, must not possess any weapons. Firearms licence is deemed suspended during temp PO and revoked upon final PO

Question 7

What are the bail conditions for a breach of PO?

Answer 7

Not to be released by a member or Police during 24 hours immediately following arrest.