DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 21 What DVO may provide

DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 21

    (1)     A DVO may provide for any of the following:

        (a)     an order imposing the restraints on the respondent stated in the DVO as the issuing authority considers are necessary or desirable to prevent the commission of domestic violence against the protected person;

Examples of DVOs for paragraph (a)

1     An order restraining the respondent from contacting (directly or indirectly) the protected person.

2     An order restraining the respondent from approaching the protected person or premises stated in the DVO.

3     An order requiring the respondent to refrain from harassing, threatening, verbally abusing or assaulting the protected person.

        (b)     an order imposing the obligations on the respondent stated in the DVO as the issuing authority considers are necessary or desirable:

            (i)     to ensure the defendant accepts responsibility for the violence committed against the protected person; and

            (ii)     to encourage the respondent to change the respondent's behaviour;

        (ba)     an order imposing a prohibition on the respondent locating or attempting to locate a protected person and each child (if any) of the protected person or who usually resides with the protected person;

        (bb)     an order imposing a requirement on the respondent to destroy an intimate image of a protected person;

        (c)     other orders the issuing authority considers are just or desirable to make in the circumstances of the particular case;

Example of other orders for paragraph (c)

An order requiring the return of personal property to the respondent or protected person.

        (d)     an order (an ancillary order ) that aims to ensure compliance by the respondent with another order under paragraph (a), (b), (ba), (bb) or (c).

    (1A)     An ancillary order may:

        (a)     prohibit the respondent from engaging in specified conduct; or

        (b)     require the respondent to take specified action.

Example for subsection (1A)(b)

An order that the respondent submit to testing to ensure compliance with an order prohibiting consumption of alcohol or certain drugs.

    (1B)     The Regulations may make provision about a matter relating to an ancillary order.

    (1C)     In determining the content of a DVO, the issuing authority must consider the 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)     Subsection (1) is not limited by the specific orders provided in this Part.

Notes for section 21

1     Under sections 39 and 40 of the Firearms Act 1997 , a licence, permit or certificate of registration is automatically suspended or revoked on the making of a DVO.

2     Under sections 208AB and 208AC of the Criminal Code it is an offence to distribute an intimate image of a person without consent or to threaten to distribute an intimate image.