(1) In deciding whether or not to make an apprehended personal violence order,
the court must consider the safety and protection of the person seeking the
order and any child directly or indirectly affected by the conduct of the
defendant alleged in the application for the order.
(a) in the
case of an order that would prohibit or restrict access to the defendant's
residence--the effects and consequences on the safety and protection of the
protected person and any children living or ordinarily living at the residence
if an order prohibiting or restricting access to the residence is not made,
and
(b) any hardship that may be caused by making or not making the order,
particularly to the protected person and any children, and
(c) the
accommodation needs of all relevant parties, in particular the
protected person and any children, and
(d) any other relevant matter.
(3)
When making an apprehended personal violence order, the court is to ensure
that the order imposes only those prohibitions and restrictions on the
defendant that, in the opinion of the court, are necessary for the safety and
protection of the protected person, and any child directly or indirectly
affected by the conduct of the defendant alleged in the application for the
order, and the protected person's property.
(4) If an application is made for
an apprehended personal violence order that prohibits or restricts access by
the defendant to any premises or place and the court hearing proceedings in
respect of the application decides to make an order without the prohibition or
restriction sought, the court is to give reasons for that decision.
