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DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 45 Power of court if person guilty of related offence

DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 45

Power of court if person guilty of related offence

    (1)     A court before which a person pleads guilty to, or is found guilty of, an offence that involves domestic violence may make a domestic violence order under this Part against the person if it is satisfied a CSJ DVO could be made against the person.

    (2)     The court may make the order on its own initiative or on application by the prosecutor.

    (3)     If a DVO is already in force against the person, the court:

    (a)     must consider the DVO and whether, in the circumstances, the DVO needs to be varied, including, for example, by varying the date the DVO ends; and

    (b)     may vary the DVO if the court considers it needs to be varied.

    (4)     This section applies whether or not the court makes another order in relation to the person.