Family Violence Act 2016

This section applies if—

a person applies for a protection order under this Act; and

the order may not be made because the conduct on which the application is based—

is not conduct that the order could restrain; but

is conduct that an order under the Personal Violence Act 2016 could restrain; and

the application has not been decided.

The Magistrates Court may make a protection order under the Personal Violence Act 2016 even though that protection order was not properly applied for if—

the person honestly applied for the order under this Act; and

had the application been properly made, the court could have made the protection order under the Personal Violence Act 2016.

This section does not apply to a consent order under this Act.

Note A consent order may be made whether or not any ground for making the order has been made out (see s 33 (2) (b)).