Session Five - Enforcements including Power of Arrest (OHP's)

ENFORCEMENT POWERS

POWER TO REMAND

POWER TO IMPOSE CONDITIONS OF BAIL

INTERFERENCE WITH WITNESSES

OBSTRUCT THE COURSE OF JUSTICE

POWER TO REMAND FOR MEDICAL EXAMINATION AND REPORT

HOSPITAL ORDER/GUARDIANSHIP ORDER

FINE/COMMITTAL TO CUSTODY

POWER TO SUSPEND COMMITTAL TO CUSTODY

Other Options

Variation / Discharge

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POWER OF ARREST

• PURPOSE TO ENSURE COMPLIANCE WITH THE ORDER AND PROTECTION FOR THE APPLICANT / RELEVANT CHILD
• EFFECT ENABLES POLICE TO ARREST WITHOUT WARRANT ON REASONABLE SUSPICION OF BREACH OR ORDER

POWER OF ARREST

MUST BE ATTACHED ON MAKING AN OCCUPATION ORDER OR NON-MOLESTATION ORDER:

IF BOTH PARTIES ARE GIVEN NOTICE OF THE HEARING AND

RESPONDENT USED ACTUAL OR THREATENED VIOLENCE AGAINST APPLICANT OR RELEVANT CHILD UNLESS

THE COURT IS SATISFIED THAT APPLICANT OR RELEVANT CHILD WILL BE ADEQUATELY PROTECTED WITHOUT SUCH A POWER

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POWER OF ARREST

MAY BE ATTACHED ON MAKING AN OCCUPATION ORDER OR NON-MOLESTATION ORDER

1. WHERE THE ORDER HAS BEEN MADE EX PARTE AND
2. RESPONDENT USED ACTUAL OR THREATENED VIOLENCE AGAINST APPLICANT OR RELEVANT CHILD AND
3. APPLICANT OR RELEVANT CHILD IS AT RISK OF SIGNIFICANT HARM FROM THE RESPONDENT IF POWER OF ARREST NOT ATTACHED IMMEDIATELY

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NO POWER OF ARREST

UPON RESPONDENT'S FAILURE TO COMPLY WITH THE ORDER, APPLICANT MAY APPLY FOR WARRANT OF ARREST

1. IF COURT NOT ATTACHED POWER OF ARREST TO ANY PROVISION OF AN OCCUPATION ORDER OR NON-MOLESTATION ORDER OR
2. COURT HAS ATTACHED THE POWER TO ONLY CERTAIN PROVISIONS OF THE ORDER AND NOT OTHERS

ALTERNATIVELY THE APPLICANT MAY REQUEST THAT A NOTICE TO SHOW CAUSE BE ISSUED