Australian Capital Territory Numbered Acts

DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2008 (NO. 46 OF 2008) - SECT 48

    (1)     A final order (other than a workplace order) may contain the conditions or prohibitions the Magistrates Court considers necessary or desirable.

Note       This Act (including this section) is subject to the objects set out in s 6 and the principles for making protection orders set out in s 7.

    (2)     Without limiting subsection (1), the order may do 1 or more of the following:

        (a)     prohibit the respondent from being on premises where the aggrieved person lives;

        (b)     prohibit the respondent from being on premises where the aggrieved person works;

        (c)     prohibit the respondent from being on premises where the aggrieved person is likely to be;

        (d)     prohibit the respondent from being in a particular place;

        (e)     prohibit the respondent from being within a particular distance from the aggrieved person;

        (f)     prohibit the respondent from contacting, harassing, threatening or intimidating the aggrieved person;

        (g)     prohibit the respondent from damaging the aggrieved person's property;

        (h)     prohibit the respondent from doing anything mentioned in paragraphs (a) to (g) in relation to—

              (i)     a child of the aggrieved person; or

              (ii)     any other child if the Magistrates Court is satisfied that there is an unacceptable risk of the child being exposed to domestic violence;

              (i)     prohibit the respondent from causing someone else to do something mentioned in paragraph (f) or (g) or subsection (3) (a);

        (j)     state the conditions on which the respondent may—

              (i)     be on particular premises; or

              (ii)     be in a particular place; or

              (iii)     approach or contact a particular person.

    (3)     Also, an order that includes a prohibition mentioned in subsection (2) (a) may—

        (a)     prohibit the respondent from taking possession of particular personal property that is reasonably needed by the aggrieved person or a child of the aggrieved person; or

        (b)     require the respondent to give the aggrieved person particular personal property that is in the respondent's possession and is reasonably needed by the aggrieved person or a child of the aggrieved person.

    (4)     A final order made as a consent order may contain a condition or prohibition that a final order made other than as a consent order may contain, but it is not necessary for the Magistrates Court to consider whether the condition or prohibition is necessary or desirable.