New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 38

38 Apprehended violence orders made by court or authorised officer can also protect persons with whom person seeking protection has a domestic relationship

(1) The power of a court or an authorised officer under this Act to make an apprehended violence order for the protection of a person extends to authorise the making of such an order for the protection of a person with whom the person for whose protection the order was sought has a domestic relationship.

(2) If the court makes an apprehended domestic violence order, or the court or authorised officer makes an interim apprehended domestic violence order, for the protection of a person of or above 18 years of age, the court or authorised officer must include as a protected person under the order any child with whom the person of or above 18 years of age has a domestic relationship.

(3) A court or authorised officer is not required to comply with subsection (2) if satisfied that there are good reasons for not doing so. However, in that case the court or authorised officer is to give the reasons for not doing so.

(4) For the avoidance of doubt, subsections (2) and (3) are subject to sections 41 and 42.

(5) An apprehended violence order may be made by a court for the protection of a child in accordance with this section even though an application for the order was not made by a police officer.