Personal Violence Act 2016

In deciding whether to make a protection order, the Magistrates Court must consider the following:

the objects of this Act in section 6;

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 protection order made in relation to the respondent;

any previous contravention of a protection order by the respondent;

the need to ensure that property is protected from damage.

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

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

In this section:

means a protection order under this Act; and

includes the following:

a family violence order under the Family 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 family violence order under the Family Violence Act 2016.