Interim personal violence restraining order
19 Interim personal violence restraining order
(1) At any time during proceedings for the hearing of an application for a personal violence restraining order, the Court may make an order (an interim personal violence restraining order) under this section.
(2) The Court may make the interim personal violence restraining order:
even if the defendant does not appear at the hearing; or
if the defendant appears at the hearing:
even though the defendant has not given evidence; or
even if the defendant objects to the order being made.
(3) The interim personal violence restraining order is in force until the earlier of the following:
it is revoked by the Court;
(b) if a personal violence restraining order is made for the same parties and the defendant is before the Court:
on the making of the personal violence restraining order; or
on the later date ordered by the Court;
(c) if a personal violence restraining order is made for the same parties and the defendant is not before the Court:
(i) when the personal violence restraining order is given to the defendant; or
on the later date ordered by the Court.
Note for subsection (3)(c)
An interim personal violence restraining order is given to the defendant if it is given in any of the ways mentioned in section 18.
This Act’s bill:Explanatory statementSecond reading speech
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