Restraining Orders Act 1997

This section applies to an application for an FVRO or VRO if —

a person has been convicted of —

an offence referred to in section 63(4AA)(a) (in the case of an application for an FVRO); or

a violent personal offence under section 63A(1A) (in the case of an application for either order);

an FVRO or VRO, as appropriate in the case, has not been made against the convicted person (including because the offence for which the person was convicted was committed before the offence became subject to section 63(4AA) or 63A (as the case may be)); and

the application is being made against the convicted person by or on behalf of a victim of the offence.

In the case of an application where the person has been convicted of an offence referred to in section 63(4AA)(a), the court is, in the absence of exceptional circumstances, taken to have grounds for making an FVRO against the person.

In the case of an application where the person has been convicted of a violent personal offence under section 63A(1A), the court must make an FVRO or VRO, as is appropriate in the case, against the person.

An order under this section may be made on an ex parte application and in the absence of the person who is to be bound by the order.

Except as provided in subsection (6), an order will be made for a period specified by the court.

An order under subsection (3) is to be made for the period of the life of the person who committed the offence.

Despite a preceding subsection, if the relevant offence was committed by a person who was a child at the time of the commission of the offence —

a court is not required to make an order under this section; and

if a court makes an order under this section, the order will be made for a period specified by the court (and, in the case of a conviction for a violent personal offence under section 63A(1A), not for the period of the life of the person who committed the offence).

The person bound by an order under this section may apply to vary or cancel the order on the ground that exceptional circumstances exist which justify the variation or cancellation (as the case may be).