FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 82 Exclusion of respondent from residence

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 82

    (1)     If     the court decides to make a family violence intervention order, the court must consider whether to include a condition (an exclusion condition ) excluding the respondent from the protected person's residence.

    (2)     In making a decision about whether to include an exclusion condition in the family violence intervention order, the court must have regard to all the circumstances of the case, including the following—

        (a)     the desirability of minimising disruption to the protected person and any child living with the protected person and the importance of maintaining social networks and support which may be lost if the protected person and the child were required to leave the residence or were unable to return to or move into the residence;

        (b)     the desirability of continuity and stability in the care of any child living with the protected person;

        (c)     the desirability of allowing any childcare arrangements, education, training or employment of the protected person or any child living with the protected person to continue without interruption or disturbance.

    (3)     Subsection (1) applies     regardless of any legal or equitable rights the parties have in the residence.

    (4)     If the court decides that an exclusion condition is appropriate in a family violence intervention order against an adult respondent and the protected person does not oppose the inclusion of the condition, the order must include the condition.

Note to s. 82 substituted by No. 45/2018 s. 371.

Note

See the Residential Tenancies Act 1997 , which provides that a protected person may apply under that Act for an existing residential rental agreement to be terminated and a new agreement entered into.