DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 20 Presumption in favour of protected person with child remaining at home
DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 20
Presumption in favour of protected person with child remaining at home(1) This section applies if:
(a) the defendant and protected person normally live in the same home with a child (whether or not the child is also a protected person); and
(b) in deciding the conditions of a DVO, the issuing authority imposes a restraint on the defendant having contact with the protected person or child.
(2) The issuing authority must presume the protection of the protected person and child are best achieved by them living in the home.
(3) To avoid doubt, this section does not prevent a DVO including a premises access order.
Example of order for subsection (3)
A premises access order providing for the defendant to visit the child at the home.