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This legislation has been repealed.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.