Conditions about personal property
86 Conditions about personal property
S. 86 amended by No. 1/2026 s. 21(2) (ILA s. 39B(1)).
If the court decides to make a family violence intervention order, the court may include in the order the following conditions—
a condition directing the respondent to return—
the protected person's personal property or property belonging to a family member of the protected person; or
personal property belonging to the protected person and the respondent that will enable the protected person's everyday life to continue with as little disruption as practicable in the circumstances;
S. 86(1)(ab) inserted by No. 1/2026 s. 21(1).
if a specified animal is the personal property of the protected person, a condition directing the respondent—
to return the specified animal to the protected person; and
if the court considers appropriate or necessary, to return to or give to the protected person any items that are reasonably necessary for the care, health or wellbeing of the animal;
Example
Items may include the animal's food, shelter or medication.
if the family violence intervention order includes an exclusion condition, a condition that—
requires the furniture or appliances in the residence that enable the normal running of the home to remain in the residence; and
allows the respondent to return to the residence, in the company of a police officer or another specified person, to obtain any of the respondent's personal property that is not required under the order to remain in the residence or to return property in accordance with paragraph (a).
Example
A specified person may be a family friend who is trusted by the protected person and respondent.
S. 86(2) inserted by No. 1/2026 s. 21(2).
A condition referred to in subsection (1)(a) or (ab) may include the manner in which the property or items are to be returned to or given to the protected person, including that the return of the specified animal or items take place in the presence of a police officer or another specified person.
Example
A specified person may be a family friend who is trusted by the protected person and the respondent.
This Act’s bill:Explanatory memorandumSecond reading speech
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