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DOMESTIC VIOLENCE ACT 1994 - SECT 4

This legislation has been repealed.

DOMESTIC VIOLENCE ACT 1994 - SECT 4

4—Grounds for making domestic violence restraining orders

        (1)         On a complaint under this Act, the Court may make a domestic violence restraining order against the defendant if—

            (a)         there is a reasonable apprehension that the defendant may, unless restrained, commit domestic violence; and

            (b)         the Court is satisfied that the making of the order is appropriate in the circumstances.

        (2)         For the purposes of this Act, a defendant commits domestic violence—

            (a)         if the defendant causes personal injury to a member of the defendant's family; or

            (b)         if the defendant causes damage to property of a member of the defendant's family; or

            (c)         if on two or more separate occasions—

                  (i)         the defendant follows a family member; or

                  (ii)         the defendant loiters outside the place of residence of a family member or some other place frequented by a family member; or

                  (iii)         the defendant enters or interferes with property occupied by, or in the possession of, a family member; or

                  (iv)         the defendant—

                        (A)         gives or sends offensive material to a family member or leaves offensive material where it will be found by, given to, or brought to the attention of a family member; or

                        (B)         publishes or transmits offensive material by means of the internet or some other form of electronic communication in such a way that the offensive material will be found by, or brought to the attention of, a family member; or

            (iva)         the defendant communicates with a family member, or to others about a family member, by way of mail, telephone (including associated technology), facsimile transmission or the internet or some other form of electronic communication; or

                  (v)         the defendant keeps a family member under surveillance; or

                  (vi)         the defendant engages in other conduct,

so as to reasonably arouse in a family member apprehension or fear of personal injury or damage to property or any significant apprehension or fear.

        (3)         The Court may—

            (a)         in determining whether there is a reasonable apprehension that the defendant may, unless restrained, commit domestic violence, take into account events that have taken place outside of this State; and

            (b)         make a domestic violence restraining order against a defendant whether resident in or outside of this State.

        (3a)         For the purposes of this section, the circumstances of a dealing with material may be taken into account in determining whether the material was offensive material but, if material was inherently offensive material, the circumstances of a dealing with the material cannot be taken to have deprived it of that character.

        (4)         If a defendant disputes some or all of the grounds on which a domestic violence restraining order is sought or made but consents to the order, the Court may make or confirm the order without receiving any further submissions or evidence as to the grounds.