SAP103 Introduction to Welfare Law Report 2 Sample
Assignment Description
You are playing the role of a community service worker supporting a young adult son who is 18 years old who is seeking an order to protect himself from family violence perpetrated by his step-father at home where the son lives with his mother and step-father.
You are required to investigate court and relevant support services that are applicable to your local jurisdiction and submit a written Support Plan for your client (i.e., the 18 year old son).
Based on your individual research, your written Support Plan must include the following:
(a) The location and role of the local court in the context of seeking a family violence protection order;
(b) A summary of the legal process as it relates to protecting the adult son from family violence by order of the court;
(c) An overview of the local support services available in connection with the court and external to the court that would assist your client;
(d) An explanation of how you (as the community service worker) would prepare if you received a subpoena to both submit your file notes, and attend court as a witness in this case;
(e) Identify and discuss two ethical issues that could arise for you in your role as a community service professional assisting the adult son in this matter. Include a description of how you would respond to the ethical issues that you have identified.
Note
1) Local jurisdiction
Your response to the scenario and circumstances involves undertaking research to identify and apply the framework of services and arrangements involving the departmental, legislative, court, tribunal and administrative structures that are applicable to just the specific jurisdiction (ie State or Territory) in which you presently reside.1
2) Structure of essay
As the assignment conveniently provided five issues there is a lot of sense to follow them as they form the basis of assessment criteria and use them as major headings, accompanied by an introduction and summary. If there are identifiable sub-issues or topics within any of the issues (which are represented by headings), then it can be a good strategy to also include a limited number of sub-headings under each of the five major headings
3) References
You must include a reference section in your report and acknowledge any sources that you use, including all web-based sources. You must use APA 7 referencing. Please include at least five sources. Any legislation (ie Acts and regulations) that may have been cited is to be listed separately in a Table of legislation (follows References).
Solution
Introduction
In Queensland, obtaining a Family Violence Protection Order (DVPO) entails the neighborhood Justice of the Peace's courtroom, wherein applications are meticulously evaluated based absolutely totally on evidence of domestic abuse. This criminal technique is pivotal for humans similar to the young boy mentioned, searching for urgent protection from familial violence. By facilitating set off judicial intervention and access to help offerings, the courtroom ensures the protection and well-being of patients. The application approach emphasizes the significance of complete documentation and judicial evaluate to decide the want of proper away shielding measures, underscoring Queensland's willpower to addressing domestic violence through legal avenues.
Local Court's Role in Seeking a Family Violence Protection Order
In Queensland, the application method for a family viciousness security request vigorously depends on the neighbourhood officers' court. Applications for aggressive behaviour at home request (DVO), likewise alluded to as a defensive request, are recorded at the nearby court. The client mentioned help from the police. The application is assessed by the court to check whether there is sufficient confirmation to support the issuance of an impermanent insurance request. Looking at any affirmations and supporting documentation included with the application is essential for this assessment (Nancarrow et. al., 2020). The objective of this help plan is to help the young boy, a youthful adult of eighteen, get an insurance request against his stepfather, who has been mishandling his loved ones. This plan subtleties the moves that should be made, as well as the assets and backing administrations that are presented in Queensland, Australia, to ensure that the young boy might achieve soundness and security. After reaching out, the individual was encouraged to call 000 to report a crisis to the Queensland Police Administration. Aggressive behaviour at home request (DVO) was mentioned by the young boy in the neighbourhood judge's court. Towards the start, the client got free legal advice and help. He was coordinated by private lawyers and asked to join support associations for survivors of homegrown maltreatment.
On this occasion, monetary help for youthful adults is being mentioned, along with the course of action of continuous registration with the young boy to follow improvement and handle any new issues. Be versatile and alter the help plan, considering the young boy's changing prerequisites and conditions on a case-by-case basis. The objective of this help plan is to ensure that the young boy approaches the apparatuses and help expected to achieve security and well-being (Meier, 2021). Through the use of legitimate, close-to-home, monetary, and instructive assets, we want to empower him to conquer the snags brought about by homegrown maltreatment and build a protected and fulfilling future. One fundamental component in the security of survivors of conjugal maltreatment is the nearby Justice Court. The court offers a structure for judicial procedures that helps safeguard the security and prosperity of people who are in danger by smoothing out the application cycle, holding hearings, giving assurance arrangements, and ensuring their execution.
Legal Process to Protect Adult Son from Family Violence Court Order
The client has been considered for emergency housing via community resources such as the Homelessness Hotline and Mensline. In-person, with police support, the young boy petitioned for a Domestic Violence Order (DVO) at the local magistrate's court. The application was evaluated by the Magistrates Court to see if an urgent temporary protection order was required, and this was done effectively. This is determined by the applicant's risk and the evidence that has been presented (Baker, 2022). The application contains comprehensive details regarding the instances of familial abuse, supporting documentation like pictures, witness accounts, or texts, information about a potential personal death threat, and information about the young boy's relationship with his stepfather. A temporary protection order should be imposed, offering urgent safety measures until a full hearing may take place if the court finds appropriate reasons. The applicant is looking for legal counsel and representation from community legal centres or Legal Aid Queensland.
The date of the hearing has been communicated to the respondent and the applicant. Both sides will submit their claims at the hearing. The magistrate is supposed to make the ultimate protection order decision based on the weight of probabilities. Whether familial violence has happened and is likely to happen again is taken into account in the judgment. To bolster their application, the applicant called witnesses and submitted supporting documentation. Should the final protection order be approved, the respondent will be subject to certain requirements, such as refraining from communication and being removed from the common house. The protective order must be upheld by the police (Lowe et. al., 2021). The applicant has been fully advised that any violation of the order by the respondent may lead to police action, including an arrest and possible criminal charges. When any party requests a protection order, the court is supposed to evaluate and amend the order. This guarantees the orders' continued applicability and protection-giving efficacy.
Local Support Services for Your Client
In Queensland, there are a lot of resources available to help young boys seek protection from domestic abuse, both inside and outside of the judicial system. These services guarantee safety and well-being by offering practical, emotional, and legal support. Help in submitting Domestic Violence Order (DVO) applications. Legal assistance and other support services are mentioned. As per the guidelines for court proceedings and what is expected of you during hearings, you need help finishing up legal paperwork and being ready for court. The client is 18 years of age or older but not financially secure enough to qualify for protection orders; thus, free legal counsel and representation are also necessary (Weinstein-Tull, 2020). It is also necessary for Court Network volunteers to provide a supporting presence during court appearances and help with understanding court procedures. It is anticipated that those traversing the court system will get emotional support, non-legal information, and help in obtaining secure homes, and emergency housing. Our goal is to work with a case manager who can oversee services, keep an eye on developments, and modify the support plan as necessary for university assignment help.
Local community centres and organizations that serve victims of domestic abuse can provide referrals for case managers. Make routine follow-up visits with support agencies to guarantee that the young boy continues to get help and support. Through the use of these support programs, he will be able to get the mental, emotional, and practical tools he needs to defend himself against domestic abuse and move towards a more secure and safe future. One essential element in the protection of victims of marital abuse is the local magistrates court (Susskind and Susskind, 2023). The court offers a framework for legal proceedings that helps preserve the safety and well-being of individuals who are at risk by streamlining the application process, holding hearings, issuing protection orders, and guaranteeing their execution. Each party gets one chance to make their argument during the hearing. To bolster their application, the applicant may summon witnesses and present supporting documentation.
Preparing for a Subpoena: Submitting File Notes and Attending Court
It is imperative that you are well-prepared to guarantee that the material you supply is correct, pertinent, and professionally presented as a community service worker who has been summoned to provide file notes and appear in court as a witness in the young boy's case. The legal help firm has explicitly redacted the subpoena to ascertain the precise documents and information being sought (Barsky, 2024). Notes have also been made on the date, time, and place of the court appearance, in addition to the deadline for submitting the file notes. All of the emails, reports, file notes, and other papers about the young boy's case have been compiled and carefully examined. The customer has guaranteed that the papers are correct, current, and full. Any sensitive or private material that is unrelated to the case or that concerns third parties has been identified and redacted. An index or table of contents, if there are several documents, has been prepared and presented before the court to enable rapid access to the papers during court proceedings (Babcock et. al., 2021). The documents have been organized in chronological order or by category for simple reference.
Ethical Issues in Assisting Adult Son
One of the most important rules of community service work is confidentiality. Confidentiality, however, could not always be compatible with the necessity to divulge information for the client's protection or to abide by legal obligations, such as a subpoena. A few points that the law firm has considered should be included, such as the ongoing evaluation of the danger to the young boy. To safeguard the client, the company may have to violate confidentiality if there is an immediate danger of significant harm (Pozgar, 2023). Respect client confidentiality to the greatest extent practicable while adhering to legal regulations in response to a subpoena. At the beginning of your working relationship, it is guaranteed that the young boy is aware of the boundaries of confidentiality. Keep a record of all decisions about confidentiality breaches, along with the reasoning behind them and any conversations you have with legal or supervisory personnel. Keeping professional distance from all interested parties has been maintained (Banks, 2020). Additionally, care has been taken to avoid entering into parallel partnerships that can tarnish your objectivity or endanger the client. When performing community service, it is important to take ethical concerns such as conflict of interest and confidentiality into account by acting morally and proactively. You may effectively negotiate these ethical problems by maintaining transparency, getting advice from supervisors and legal counsel, and putting the safety and well-being of the client first.
Conclusion
The nearby magistrate's courtroom in Queensland serves as a cornerstone in the safety of home violence patients, imparting important criminal mechanisms to regular protection and manuals. Through streamlined strategies and rigorous evaluation of evidence, the courtroom docket allows the issuance and enforcement of Family Violence Protection Orders, presenting critical safeguards closer to ongoing abuse. This judicial framework not handiest upholds the rights of sufferers but furthermore integrates them right into a community of network belongings aimed towards holistic healing and balance. By empowering patients through jail recourse and entire aid, Queensland endeavors to fight domestic violence and promote a more steady, extra resilient society.
References
Babcock, B. A., Massaro, T. M., and Spaulding, N. W. (2021). Civil Procedure: Cases and Problems. Aspen Publishing. https://books.google.com/books?hl=en&lr=&id=cZMqEAAAQBAJ&oi=fnd&pg=PT27&dq=xplanation+Of+How+You+(As+The+Community+Service+Worker)+Would+Prepare+If+You+Received+A+Subpoena+To+Both+Submit
+Your+File+Notes,+And+Attend+Court+As+A+Witness+In+This+Case&ots=2RVfHlLb6K&sig=PztU8-oKdUUc29cr0zxnyufkrd8
Baker, K. K. (2022). Equality and Family Autonomy. U. Pa. J. Const. L., 24, 412. https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1796&context=jcl
Banks, S. (2020). Ethics and values in social work. Bloomsbury Publishing. https://books.google.com/books?hl=en&lr=&id=CfJGEAAAQBAJ&oi=fnd&pg=PP1&dq=Ethical+Issues+That+Could+Arise+For+You+In+Your
+Role+As+A+Community+Service+Professional+&ots=QcTx2xl6Oi&sig=d8NA9389-wMHCU4lcMNKBVfJhes
Barsky, A. E. (2024). Clinicians in court. Guilford Publications. https://books.google.com/books?hl=en&lr=&id=r2TjEAAAQBAJ&oi=fnd&pg=PP1&dq=xplanation+Of+How+You+(As+The+Community+Service+Worker)+Would+Prepare+If+You+Received+A+Subpoena+To+Both+Submit
+Your+File+Notes,+And+Attend+Court+As+A+Witness+In+This+Case&ots=eXCNe8dpIH&sig=r5v8L1OYo
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Lowe, N., Douglas, G., Hitchings, E., and Taylor, R. (2021). Bromley's family law. Oxford University Press. https://books.google.com/books?hl=en&lr=&id=pPQuEAAAQBAJ&oi=fnd&pg=PP1&dq=Legal+Process+As+It+Relates+To+Protecting+The+Adult
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1AXnHNTGS9GgT5HHWtEc4IB2OhY
Meier, J. S. (2021). Denial of family violence in court: An empirical analysis and path forward for family law. Geo. LJ, 110, 835. https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2792&context=faculty_publications
Nancarrow, H., Thomas, K., Ringland, V., and Modini, T. (2020). Accurately identifying the “person most in need of protection” in domestic and family violence law. Australia's National Research Organisation for Women's Safety. https://www.researchgate.net/profile/Valerie-
Ringland/publication/346969640_Accurately_Identifying_the_Person_Most_in_Need_of_Protection/links/
5fd5f6ea45851553a0b1684b/Accurately-Identifying-the-Person-Most-in-Need-of-Protection.pdf
Pozgar, G. D. (2023). Legal and ethical issues for health professionals. Jones and Bartlett Learning.https://books.google.com/books?hl=en&lr=&id=zhSwEAAAQBAJ&oi=fnd&pg=PP1&dq=Ethical+Issues+That+Could+Arise+For+You+In+Your+
Role+As+A+Community+Service+Professional+&ots=_7z8fmFUNW&sig=pprlUcZH6wbqkItxxqW7fYMxauQ
Susskind, R., and Susskind, R. E. (2023). Tomorrow's lawyers: An introduction to your future. Oxford University Press. https://books.google.com/books?hl=en&lr=&id=2LOqEAAAQBAJ&oi=fnd&pg=PP1&dq=An+Overview+Of+The+Local+Support+Services+
Available+In+Connection+With+The+Court+And+External+To+The+Court+That+Would+Assist+Your+
Client&ots=Fy8jZ3eFV2&sig=FJdbfC7TcWyuT1PNljLfQ_O0x64
Weinstein-Tull, J. (2020). The Structures of Local Courts. Virginia Law Review, 106(5), 1031-1106. https://virginialawreview.org/articles/structures-local-courts/?utm_source=rss&utm_medium=rss&utm_campaign=structures-local-courts
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