PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 36 Interim order where existing family violence intervention order

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 36

S. 36(1) amended by No. 53/2016 s. 112(1).

    (1)     The court must not make an interim order if there is an existing family violence intervention order or non-local DVO made by a court that is a recognised DVO for which—    

        (a)     the affected person is a protected person and the respondent is a respondent; or

        (b)     the respondent is a protected person and the affected person is a respondent.

S. 36(2) amended by No. 53/2016 s. 112(2).

    (2)     Despite subsection (1), the court may make an interim order if there is an existing interim family violence intervention order or interim non-local DVO that is a recognised DVO for which the respondent is a protected person and the affected person is a respondent.

Example

B is an affected person for an application for a personal safety intervention order against A. However, A is already a protected person under an interim family violence intervention order, and B is a respondent for that order. The court could still make an interim order to protect B from A.

S. 36(3) substituted by No. 53/2016 s. 112(3).

    (3)     In this section—

"interim family violence intervention order" means an interim order within the meaning of the Family Violence Protection Act 2008 ;

"interim non-local DVO" means a non-local DVO that is an interim DVO within the meaning of the National Domestic Violence Order Scheme Act 2016 .