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DOMESTIC VIOLENCE ACT 1994 - SECT 5

This legislation has been repealed.

DOMESTIC VIOLENCE ACT 1994 - SECT 5

5—Terms of domestic violence restraining orders

        (1)         A domestic violence restraining order—

            (a)         may impose such restraints on the defendant as are necessary or desirable to prevent the defendant acting in the apprehended manner; and

            (b)         may apply for the benefit of—

                  (i)         the member of the defendant's family who made the complaint or on whose behalf the complaint was made; or

                  (ii)         any other family member specified in the order.

        (2)         Without limiting the effect of subsection (1) , a domestic violence restraining order may—

            (a)         prohibit the defendant from being on premises at which a family member resides or works;

            (b)         prohibit the defendant from being on specified premises frequented by a family member;

            (c)         prohibit the defendant from being in a specified locality;

            (d)         prohibit the defendant from approaching within a specified distance of a family member;

            (e)         prohibit the defendant from contacting, harassing, threatening or intimidating a family member, or any other person at a place where a family member resides or works;

            (f)         prohibit the defendant from damaging property of a family member;

            (g)         prohibit the defendant from taking possession of specified personal property reasonably needed by a family member;

            (h)         prohibit the defendant from causing or allowing another person to engage in the conduct referred to in any of paragraphs (e) to (g) ;

                  (i)         direct the defendant to return specified personal property to a family member or to allow a family member to recover or have access to or make use of specified personal property;

            (j)         specify conditions subject to which the defendant may—

                  (i)         be on specified premises or in a specified locality; or

                  (ii)         approach or contact a family member, or any other person at a place where a family member resides or works;

            (k)         if the defendant has possession of a weapon or article (other than a firearm) that has been used, or that there is some reason to believe might be used, by the defendant to threaten or injure a family member or to damage the property of a family member—

                  (i)         order that the weapon or article be confiscated and disposed of or dealt with as directed by the Court; and

                  (ii)         if the circumstances of the case so require—authorise a member of the police force to enter any premises in which such a weapon or article is suspected to be, and search for and take possession of the weapon or article.

        (3)         A domestic violence restraining order may be made against the defendant in relation to premises or property despite the fact that the defendant has a legal or equitable interest in the premises or property.

        (4)         If a domestic violence restraining order that includes an order for the confiscation of a weapon or article is subject to confirmation and the domestic violence restraining order is not confirmed, any weapon or article confiscated under the order must be returned to the defendant.