Family Violence Act 2016

In deciding whether to make a family violence order, a court must consider the following:

the objects of this Act in section 6;

the affected person’s perception of the nature and seriousness of the respondent’s alleged conduct;

the welfare of any child that is an affected person;

the accommodation needs of the affected person and any child of the affected person or respondent;

any hardship that may be caused to the respondent or anyone else by the making of the order;

any previous family violence or personal violence by the respondent in relation to the affected person or anyone else;

any previous family violence order made in relation to the respondent;

any previous contravention of a family violence order by the respondent;

the need to ensure that property is protected from damage.

An affected person includes any child who hears, witnesses or is otherwise exposed to family violence committed against another person (see s 8 (1), def family violence, par (b) and dict).

The court may also consider anything else the court considers relevant.

A failure of the court to comply with subsection (1) in relation to a family violence order does not affect the validity of the order.

In this section:

means a protection order or an after-hours order under this Act; and

includes the following:

a protection order under the Personal Violence Act 2016;

a protection order under the Domestic Violence Agencies Act 1986 as in force at any time;

a protection order under the Domestic Violence and Protection Orders Act 2001 as in force at any time;

a protection order under the Domestic Violence and Protection Orders Act 2008 as in force at any time;

a restraining order under the Magistrates Court Act 1930 before 27 March 2002;

an order under a law of a State, another Territory or New Zealand that has or had the same effect, or substantially the same effect, as a protection order under this Act or a protection order under the Personal Violence Act 2016.