Exclusion conditions
39 Exclusion conditions
In deciding whether to include an exclusion condition in a family violence order, a court must consider the following:
as primary factors—
the physical, emotional and psychological needs of the protected people; and
any disability the protected people have; and
as secondary factors—
the accommodation needs of, and options for accommodation available to, the protected people, the respondent and any child of the protected person or respondent; and
the length of time required for a person mentioned in paragraph (b) (i) to find alternative accommodation.
However, a court may include an exclusion condition in an interim order against a respondent who is a child only if the court is satisfied that adequate arrangements have been made for the child’s care (including education) and safety.
Example if a government agency responsible for the care and protection of children has found alternative accommodation for the child
If an applicant for a protection order seeks an exclusion condition in relation to the respondent and the court decides to make the order without the condition, the court must give reasons for the decision.
In this section:
exclusion condition means a condition in a family violence order prohibiting the respondent from being on premises—
where the respondent lives; or
if the respondent is a child—where the child normally receives care (including education) or protection.
protected people, in relation to a respondent, means the protected person and any child directly or indirectly affected by the respondent’s alleged conduct.
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