New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 40

40 Interim apprehended violence order must be made on charge for certain offences

(1) When a person is charged with an offence that appears to the court to be a serious offence, the court must make an interim court order against the defendant for the protection of the person against whom the offence appears to have been committed whether or not an application for an order has been made.

(2) If an interim court order is made by the court, the court is to summon the defendant to appear at a further hearing of the matter on the determination of the charge against the person (instead of as soon as practicable after the order is made, as required by section 22 (5) (a)).

(3) However, the court need not make an interim court order if it is satisfied that it is not required (for example, because an apprehended violence order has already been made against the person).

(4) A reference in this section to a court extends to the District Court when exercising jurisdiction apart from under section 91.

(5) In this section, a "serious offence" means:

(a) attempted murder, or

(b) a domestic violence offence (other than murder or manslaughter), or

(c) an offence under, or mentioned in, section 33, 35, 61I, 61J, 61JA, 61K, 61L, 61M, 63, 65, 66A, 66B, 66C, 66D, 66EA or 66F of the Crimes Act 1900 , or

(d) an offence of attempting to commit an offence referred to in paragraph (b) or (c), or

(e) an offence under section 13, or

(f) an offence under the law of the Commonwealth, another State or a Territory or of another country that is similar to an offence referred to in paragraph (a), (b), (c), (d) or (e).