A court exercising the power under s 63(2) of the Restraining Orders Act 1997 (WA) to make a violence restraining order against a person who gives evidence must comply with s 63(4)(c) by giving that person an opportunity to be heard before making the order. Failure to do so renders the order invalid. Allegations of domestic violence involving assault and breach of restraining orders are properly criminal matters and should not be characterised by the court as merely 'domestic'.
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