Police called to domestic violence incidents have the power to issue on-the-spot protection notices. However, under new laws which came into effect on 30 May 2017, Police now have further powers under the Domestic and Family Violence Protection Act as to the conditions which they can impose in PPN’s to those who allegedly commit acts of domestic violence.
The purpose of a Police Protection Notice (PPN) is to provide temporary protection for an Aggrieved. The notices operate like a temporary protection order and will always include the standard condition that the Respondent must be of good behaviour towards the Aggrieved and must not commit domestic violence against the Aggrieved.
A PPN will also generally include a ‘cool-down’ condition which prevents a person from contacting the Aggrieved and entering or coming within a certain distance of the premises stated on the PPN. This condition will operate for 24 hours.
However, as of 30 May, police have broader powers to include ‘ouster’ and not ‘no contact’ conditions in PPN’s.
Ouster
If an ouster condition is imposed a police officer can prohibit a person from entering, attempting to enter, or remaining at or approaching within a stated distance of a premises.
When imposing an ouster condition, police are required under the legislation to consider the reasonable accommodation needs of the person being ousted from the stated premises.
Police are also able to impose a return condition so the ousted person may return to the premises and collect any personal property which they may require.
No-Contact
A ‘no contact’ condition prevents a person from approaching, or attempting to approach, within a stated distance of the Aggrieved or a named person, asking someone else to contact, the Aggrieved or a named person and locating, attempting to locate, or asking someone else to locate, the Aggrieved or a named person if the whereabouts of the aggrieved or named person are not known to the Respondent.
It should be noted that ‘no contact’ conditions do not apply to lawyers who may contact the Aggrieved on behalf of a person served with a notice and these conditions can only be imposed by police officers with the ranking of Senior Sergeant.
A PPN must state the date and time of the hearing in the Magistrates Court, the hearing must be within 5 days of the issuing of the notice, otherwise it must be the next sitting date of the Court.
While these changes have been made to provide added protection to victims of domestic violence, their practical effect is significant. They effectively, disadvantage a Respondent from the moment a PPN is issued. PPN’s are giving Police officers the power to interfere with proprietary rights of Respondents with no court oversight. Further, it allows police officers to establish a status quo in respect of future proceedings making it harder for lawyers to argue against the imposition of certain conditions in a temporary or final order.
It is important that if you are issued with a PPN, you seek legal advice as soon as possible.
