Family Violence Act 2016

A family violence order may include the conditions the court considers necessary having regard to section 36 and section 37.

Without limiting subsection (1), a family violence order may do 1 or more of the following:

prohibit the respondent from being on premises where the protected person lives;

Section 39 sets out matters to be considered when including a condition prohibiting a respondent from being on premises where the respondent lives.

prohibit the respondent from being on premises where the protected person works;

prohibit the respondent from being on premises where the protected person is likely to be;

prohibit the respondent from being in a particular place;

prohibit the respondent from being within a particular distance from the protected person;

prohibit the respondent locating or attempting to locate the protected person;

prohibit the respondent from contacting the protected person;

prohibit the respondent from doing anything mentioned in section 8 (1), definition of family violence, paragraph (a);

prohibit the respondent from doing anything mentioned in paragraphs (e) to (h) in relation to—

a child of the protected person; or

any other child if the court is satisfied that there is an unacceptable risk of the child being exposed to family violence;

prohibit the respondent from causing someone else to do something mentioned in paragraphs (f) to (i);

prohibit the respondent from taking possession of stated personal property that is reasonably needed by the protected person or a child of the protected person;

require the respondent to give the protected person stated personal property that the respondent possesses that is reasonably needed by the protected person or a child of the protected person;

state the conditions on which the respondent may—

be on particular premises; or

be in a particular place; or

approach or contact a particular person; or

locate or attempt to locate the protected person;

require the respondent to take part in a program of counselling, training, mediation, rehabilitation or assessment if satisfied that having regard to the respondent’s circumstances—

the respondent is reasonably likely to participate in the program; and

that the respondent’s participation in the program is reasonably likely to reduce the risk of the respondent engaging in further family violence against the protected person.

A regulation may prescribe requirements for subsection (2) (n).