Australian Capital Territory Numbered Acts

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

Grounds for making final orders (other than workplace orders)

    (1)     The Magistrates Court may, on application, make a final order (other than a workplace order) if satisfied that—

        (a)     the respondent has engaged in domestic violence; or

        (b)     the respondent

              (i)     has engaged in personal violence towards the aggrieved person; and

              (ii)     may engage in personal violence towards the aggrieved person during the time the order is proposed to operate if the order is not made.

    (2)     If an interim order has been made on the application and the respondent has objected to the interim order, in making the final order the Magistrates Court must consider the respondent's objection.

Note     This section does not apply to consent orders (see s 43 (2) (b)).



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