DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 19 Matters to be considered in making DVO

DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 19

    (1)     In deciding whether to make a DVO, the issuing authority must consider the safety and protection of the protected person and each child (if any) of the protected person or who usually resides with the protected person to be of paramount consideration.

    (2)     In addition to the matter required under subsection (1), the issuing authority may also consider the following:

        (a)     any family law orders in force in relation to the respondent, or any pending applications for family law orders in relation to the respondent, of which the issuing authority is informed;

        (b)     all other DVOs in force (if any) and any recognised DVO in which the respondent is named as the respondent;

        (c)     any DVO no longer in force in which the respondent was named as the respondent;

        (d)     any legal proceedings involving the protected person or respondent that are relevant to the DVO;

        (e)     any order under the Care and Protection of Children Act 2007 or application for an order under that Act in which the protected person or respondent is named as a respondent;

        (f)     any report identifying the protected person filed under section 33 or 58;

        (g)     if the respondent is on bail – the bail conditions;

        (h)     the accommodation needs of the protected person and each child (if any) of the protected person or who usually resides with the protected person;

            (i)     the respondent's criminal record (if any);

        (j)     the respondent's previous conduct whether in relation to the protected person or someone else;

        (k)     other matters the authority considers relevant.

    (3)     If the protected person or the respondent has a child usually residing with them or has regular contact with a child, the issuing authority must consider whether a separate DVO is required to be made for the protection of the child as a protected person.

    (4)     If either of the following circumstances apply in relation to the DVO, the issuing authority must consider the matters mentioned in subsection (5):

        (a)     more than one of the parties states domestic violence was committed or is being committed by another party;

        (b)     the issuing authority is satisfied that there are reasonable grounds for more than one of the parties to fear the commission of domestic violence.

    (5)     For subsection (4), the issuing authority must consider:

        (a)     whether there is a pattern of conduct constituting domestic violence over time indicating a party is the person most in need of protection; and

        (b)     without limiting paragraph (a), whether there is coercive control indicating a party is the person most in need of protection; and

        (c)     the severity and type of domestic violence and any injury resulting from the domestic violence experienced by each party.

    (6)     The Court may order the applicant to provide further information to show why the DVO is required if the Court believes, after considering the matters in subsection (5), the respondent is the person most in need of protection.

    (7)     The issuing authority may, in the DVO, determine which party is the protected person most in need of protection.

    (8)     The issuing authority must not make a DVO against the party determined to be the protected person most in need of protection, unless the issuing authority is satisfied, having regard to the objects of this Act, that it is necessary to make a DVO against the protected person.

Note for subsection (8)

Separate DVOs may be made against more than one of the parties if the issuing authority is satisfied that there are reasonable grounds for making the DVO under section 18.