Australian Capital Territory Numbered Acts

DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2008 (NO. 46 OF 2008) - SECT 27

    (1)     This section applies if—

        (a)     a person applies for a protection order that is a domestic violence order or a personal violence order (the first order ); and

        (b)     the first order may not be made because the conduct on which the application is based is not conduct that the first order could restrain; and

        (c)     the application has not been decided.

    (2)     The Magistrates Court may make another protection order even though the protection order was not properly applied for if—

        (a)     the person honestly applied for the first order; and

        (b)     had the application been properly made, the court could have made the other protection order.

    (3)     This section does not apply to consent orders.

Note     A consent order may be made whether or not any ground for making the order has been made out (see s 43 (2) (b)).