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Home Blog Restraint and Protection Orders in Tasmania (TAS)

Restraint and Protection Orders in Tasmania (TAS)

The Tasmania Family Violence Act of 2004 provides protection and succour for all those who suffer from or expect Domestic Abuse. Also, the restraint Orders under the Part XA of the Justices Act of 1959 allows people who fear a potential abusive action to apply for an order of restraint from the respondent.

The person that applies for the restraint against the aggressor is the applicant. And the respondent is the person that answers the charge.

Breaching the stipulated conditions of a restraining or protection order in Tasmania (TAS) is considered to be a serious criminal offence and will in most circumstances show up on an individual’s national police check Tasmania result.

When does the court issue a Family Violence Order?

The Family Violence Order applies to;

The Relationships Act of 2003 explains a “significant relationship” to be between couples, including same-sex and de-facto relationships.

The offences that constitute Family Violence include;

Who can apply for a Protection Order In Tasmania?

Anyone within the legal age, who fear the actions of others (the respondent) can apply to have the court issue a Restraint Order or an FVO. The court can receive an application from any of them;

Also, other parties may apply for a protection order for a person on their behalf (or without their permission).

The person needing protection

Application forms can be picked, completed and submitted at the Magistrate Court. However, the applicant must provide the required details including;

The Police

Under the Family Violence Act 2004, the Police may enter premises or launch a private investigation if they perceive Family abuse or violence. They may also be invited into the premises, and are authorized to;

The Police may suspect the weapon to be used for the abuse

In serious cases, the person remains in their custody till they complete the proceedings of their Orders.

Special Orders of the Police

The Justice Act also permits a Police officer to issue a Police Family Violence Order (PVFO). The Police Officer can issue the PVFO against a person if they are satisfied;

Details of a PVFO

The PVFO is;

Properties of a PVFO

The PVFO can contain conditions that prohibit the applicants from certain actions like;

During the PVFO period, the respondent may have their; permits/licenses for anything relating to the possession of a firearm suspended. Also, they will not be able to obtain new permits within that period.

How does the court issue a Family Violence Order?

The Court will consider all applications submitted by the accuser and set a date for the hearing of the Charge. If the case is an urgent and precarious one, the court can order the arrest of the aggressor, while processing the FVO application.

If the court issues a warrant for a person, with no FVO application was not made, an application should be made as soon as possible.

  1. Before issuing the final orders (First Formal Hearing)

Have your lawyers represent you at both hearings

The Magistrate lists the matter for meditation between the party if the respondent contests the application

  1. Final Hearing

The matter will proceed to a final hearing if the respondent still contests the application

The matter may be listed for mention before a final hearing

Have your lawyer represent you at the hearing

At the Final Hearing, the Magistrate will either uphold or dismiss your application.

If the magistrate upholds your application;

If the Magistrate dismisses your application;

Can orders from other states be registered in Tasmania?

If you have a protection Order made in other States or within the New Zealand jurisdiction, you can apply to register them in the Tasmania Court for continuous enforcement. Once registered, all stipulated conditions for your protection apply where necessary.

How long does the Family Violence Order Last?

The duration for an FVO or Restraint Order is stated in the copies sent to the respondent or legal representatives.

Generally, the court will make the orders for a duration they feel necessary, depending on the circumstances. However, the average duration for the Order is 12 months, or when the court revokes it.

Varying, revoking or extending an Order

Any of the affected person, Police officer, person restrained or other persons under leave of court may apply to vary a protection order.

When imposing the conditions, the Court considers all parties that will be affected by the conditions like;

How the Court responds to an application;

If the Court refuses an initial application to have an FVO or PVFO varied, there can be no further application except with leave of the court.

Also, the Court will not grant leave until they are satisfied that there is a substantial change in the circumstances that affect the Protection Order.

If a PVFO is extended or varied by the court, it becomes a Family Violence Order.

Breaching a Family Violence/Restraint Order

The Family Violence Act 2004 guides the protection laws and orders for people who fear threats or violence. Breaching conditions of this order is a criminal offence in Tasmania under the Act. Criminal offences in Tasmania are disclosed on national police checks in accordance with Tasmania’s spent convictions legislation.

In the case of a breach, the Police will arrest the offender; remand them in custody throughout their trials. The court may issue penalties of up to;

For subsequent offences;

Repeat offences are punished irrespective of if it were a different offender.

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