South Australian Consolidated Acts

DOMESTIC VIOLENCE ACT 1994 - SECT 6

6—Factors to be considered by Court

        (1)         In considering whether or not to make a domestic violence restraining order and in considering the terms of a domestic violence restraining order, the Court must have regard to the following:

            (a)         the need to ensure that family members are protected from domestic violence;

            (b)         the welfare of any children affected, or likely to be affected, by the defendant's conduct;

            (c)         the accommodation needs of family members and any children of the defendant;

            (ca)         any relevant family contact order of which the Court has been informed;

            (cb)         how the domestic violence restraining order would be likely to affect contact (in accordance with a relevant family contact order or otherwise) between—

                  (i)         the person for whose benefit, or against whom, the order is sought; and

                  (ii)         any child of, or in the care of, either of those persons;

            (d)         hardship that may be caused to the defendant or to any other person as a result of the making of the order;

            (e)         if considering whether to direct the defendant to return property to a family member or to allow a family member to recover or have access to or make use of property—the income, assets and liabilities of the defendant and the family member;

            (f)         any other legal proceedings between the defendant and a family member;

            (g)         any other matter that, in the circumstances of the case, the Court considers relevant.

        (2)         The Court must consider the factors set out in subsection (1)(a) and (b) as being of primary importance.