Australian Capital Territory Numbered Acts

DOMESTIC VIOLENCE AND PROTECTION ORDERS AMENDMENT ACT 2005 (NO. 13 OF 2005) - SECT 22

substitute

40     What are grounds for making final order (other than workplace order)?

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

        (a)     engaged in domestic violence; or

        (b)     engaged in personal violence towards the aggrieved person and 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 29 (2) (b)).