Domestic Violence Act 1995

Question 1

What is the age of a child in DVA95?

Answer 1

A person who is U17. But is or hasn’t been married ect.

Question 2

What is the age of a minor in DVA95?

Answer 2

A person who is between 17 and 19 years old OR is or has been married act.

Question 3

What is violence defined as?

Answer 3

• Physical abuse.
• Sexual abuse.
• Psychological abuse.

Question 4

Who is the respondent in a Protection order?

Answer 4

The offender.

Question 5

Who is the applicant in a protection order?

Answer 5

• The victim.
• A representative of a child.
• A third party on behalf of the victim.
• The representative of a person lacking capacity on that’s person’s behalf.

Question 6

How long does a temporary protection order last? What’s it’s purpose?

Answer 6

Three months. To allow time for the respondent to appeal.

Question 7

What must a respondent do under S.21 of the Domestic Violence act 1995?

Answer 7

Surrender all firearms and license within 24 hours.

Question 8

What section is your power to arrest in Domestic Violence act 1995? What for?

Answer 8

Section 50.

• Contravened the protection order
• Failed to comply with any condition of the protection order.

Question 9

If a person is arrested for breaching a protection order, how long must they remain in custody before bail?

Answer 9

24 hours. Unless the judge says otherwise.

Question 10

What is a PSO?

Answer 10

A police safety order.

Question 11

Who can authorize a PSO?

Answer 11

A qualified constable. (Sgt or above.)

Question 12

Who can issue a PSO?

Answer 12

Any constable.

Question 13

Who is the bound person in a PSO?

Answer 13

The person who the PSO was issued to.

Question 14

When should you issue a PSO?

Answer 14

When you BELIEVE it is necessary to take action to ensure the safety of the person at risk.

Question 15

Do you need the victims permission to issue a PSO?

Answer 15

No, you don’t.

Question 16

How long can you detain someone you intend to issue a PSO to? Where can you detain them?

Answer 16

2 hours, at the address you found them, or at the police station.

Question 17

How long can a PSO remain in force for?

Answer 17

5 days total.

Question 18

How long does an officer have to issue a PSO?

Answer 18

48 hours max.

Question 19

What MUST you do when serving an order?

Answer 19

Tell both the offender and victim:

• Purpose of the order.
• Effect of the order.
• Duration of the order.
• Consequences of contravening the order.

Question 20

What happens if the person a PSO is issued against, fail or refuse to comply with the order or any condition of the order?

Answer 20

It’s not an offense therefore you can’t arrest them. However you can detain them and take them into custody and bring them before court.

Question 21

What situations are considered a Domestic relationship?

Answer 21

• Partners.
• Family members.
• People who share a household.
• Same-sex relationships.
• Close personal relationships (But not employee/employer or tenant/landlord relationships.)