Domestic Violence Act 1995

with that other person; and

an employer-employee relationship; or

an employee-employee relationship—

the nature and intensity of the relationship, and in particular—

but it is not necessary for there to be a sexual relationship between the persons:

the duration of the relationship.

empowering the court to make certain orders to protect victims of domestic violence:

ensuring that access to the court is as speedy, inexpensive, and simple as is consistent with justice:

providing, for persons who are victims of domestic violence, appropriate safety programmes:

requiring respondents and associated respondents to attend non-violence programmes that have the primary objective of stopping or preventing domestic violence:

providing more effective sanctions and enforcement in the event that a protection order is breached.

a direction under section 16 that the order apply for the benefit of a particular person with whom the applicant has a domestic relationship:

a direction under section 17 that the order apply against a particular person, being a person whom the respondent has encouraged to engage in behaviour that, if engaged in by the respondent, would amount to domestic violence against the applicant, a child of the applicant’s family, or a person referred to in paragraph (a).

who is aged 17 years or over; and

who wishes to apply for a protection order—

an application for a protection order may be made against a minor who is or has been married, or in a civil union or de facto relationship, or who has attained the age of 17 years, and orders may be made on the application, and enforced; and

the court may make a direction under section 17 that a protection order apply against such a minor,—

lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or

has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of such matters.

in any case where no one has power, under an appointment made under the Protection of Personal and Property Rights Act 1988, to make such an application on the first-mentioned person’s behalf:

even though a person has power, under such an appointment, to make such an application, in any case where the person so appointed has refused or failed to do so:

in any case where the first-mentioned person is a minor who is not a child.

a person aged 16 years or over (other than a person to whom section 11 applies) is eligible to apply for a protection order; and

that person is unable, whether by reason of physical incapacity or fear of harm or other sufficient cause, to make the application personally; and

it is desirable that the protection order be sought on an application without notice.

that reasonable steps have been taken to ascertain the wishes of the person to whom the application relates in relation to the matter; and

where the wishes of that person have been able to be ascertained,—

that it is in the best interests of the person to whom the application relates to make the appointment; and

that the proposed appointee—

that there is unlikely to be any conflict between the interests of the proposed appointee and the interests of the person in respect of whom the application is made.

a representative appointed pursuant to this section applies, on another person’s behalf, for a protection order; and

at any time before the application is determined, the other person objects to the continuation of the proceedings,—

a risk of harm; or

undue hardship—

the perception of the applicant or a child of the applicant’s family, or both, of the nature and seriousness of the respondent’s behaviour; and

the effect of that behaviour on the applicant or a child of the applicant’s family, or both.

notify the court, in accordance with section 76, that he or she wishes to be heard on whether a final order should be substituted for the temporary protection order:

apply pursuant to section 22 for the modification or discharge of the standard condition relating to weapons:

apply pursuant to section 46 for a variation or discharge of any special conditions of the protection order:

apply pursuant to section 47 for the protection order to be discharged:

where a direction is made under section 51D, in respect of the respondent, notify the court, in accordance with section 51E, that he or she objects to the direction.

notify the court, in accordance with section 76 (as applied by section 79), that he or she wishes to be heard on whether a final order should be substituted for the temporary protection order, in so far as the order relates to him or her:

apply pursuant to section 22 for the modification or discharge of the standard condition relating to weapons, in so far as the standard condition relates to him or her:

apply pursuant to section 46 for a variation or discharge of any special condition of the protection order, in so far as the special condition relates to him or her:

apply pursuant to section 47 for the protection order to be discharged, in so far as the order relates to him or her:

where a direction is made under section 51D, in respect of the associated respondent, notify the court, in accordance with section 51E, that he or she objects to the direction.

the respondent is using, or has used, domestic violence against the applicant, or a child of the applicant’s family, or both; and

the making of an order is necessary for the protection of the applicant, or a child of the applicant’s family, or both.

the perception of the applicant, or a child of the applicant’s family, or both, of the nature and seriousness of the behaviour in respect of which the application is made; and

the effect of that behaviour on the applicant, or a child of the applicant’s family, or both.

the child ceases to be a child of the applicant’s family; or

the order sooner lapses or is discharged.

the adult child ceases to ordinarily or periodically reside with the applicant; or

the order sooner lapses or is discharged.

the respondent is engaging, or has engaged, in behaviour that, if the respondent and the person were or, as the case may be, had been in a domestic relationship, would amount to domestic violence against the person; and

the respondent’s behaviour towards the person is due, in whole or in part, to the applicant’s domestic relationship with the person; and

the making of a direction under this section is necessary for the protection of the person; and

where practicable, the person consents to the direction being made.

a child who at the time of the applicant’s death was a child of the applicant’s family, until that child attains the age of 17 years; and

a person in respect of whom a direction has been made under subsection (2), until the order lapses or is discharged.

the person is engaging, or has engaged, in behaviour against a protected person, where that behaviour, if engaged in by the respondent, would amount to domestic violence; and

the making of a direction under this section is necessary for the protection of the protected person.

physically or sexually abuse the protected person; or

threaten to physically or sexually abuse the protected person; or

damage, or threaten to damage, property of the protected person; or

engage, or threaten to engage, in other behaviour, including intimidation or harassment, which amounts to psychological abuse of the protected person; or

encourage any person to engage in behaviour against a protected person, where the behaviour, if engaged in by the respondent, would be prohibited by the order.

watch, loiter near, or prevent or hinder access to or from, the protected person’s place of residence, business, employment, educational institution, or any other place that the protected person visits often; or

follow the protected person about or stop or accost the protected person in any place; or

without the protected person’s express consent, enter or remain on any land or building occupied by the protected person; or

where the protected person is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or

make any other contact with the protected person (whether by telephone, electronic message, correspondence, or otherwise), except such contact—

may become suspended in accordance with subsection (2) on 1 or more occasions:

may revive in accordance with subsection (3) on 1 or more occasions.

the consent of a person (other than the respondent or, as the case may be, the associated respondent) who is specified, in a special condition of the protection order imposed pursuant to section 27(3), as a person who is entitled to consent, on the protected person’s behalf, in relation to the matter:

the withdrawal of consent by such a person.

that the respondent must not possess, or have under his or her control, any weapon; and

that the respondent must not hold a firearms licence; and

that the respondent must,—

surrender to a constable—

where the protection order is a temporary order, any firearms licence held by the respondent is deemed to be suspended:

where the protection order is a final order, any firearms licence held by the respondent is deemed to be revoked.

in the case of a weapon, the weapon was in his or her possession, or under his or her control, immediately before the making of the protection order; and

in the case of a weapon or a firearms licence, the weapon or licence is in his or her possession, or under his or her control, during the period necessary to comply with the terms of that standard condition that relate to the surrender of the weapon or licence.

the reference in subsection (1)(c)(i) to service of a copy of the protection order is to be read as a reference to service of a copy of the order by which the standard condition is so included:

the references in subsections (2) and (3)(a) to the making of a protection order are to be read as references to the making of the order by which the standard condition is so included,—

the court makes a final protection order on an application on notice; or

pursuant to section 80(1), the court—

direct that the standard condition relating to weapons is not to be a condition of the protection order; or

modify the terms of that standard condition.

where the standard condition relating to weapons is not a condition of the protection order, by directing that the standard condition relating to weapons (whether with or without modification) is to be a condition of the protection order:

where the standard condition relating to weapons is a condition of the protection order (whether with or without modification), by—

where the standard condition relating to weapons is not a condition of the protection order, by directing that the standard condition relating to weapons (whether with or without modification) is to be a condition of the protection order:

where the standard condition relating to weapons is a condition of the protection order (whether with or without modification), by—

direct that the standard condition relating to weapons—

discharge the standard condition relating to weapons in so far as the condition relates to the respondent, but not in so far as the condition relates to the associated respondent.

as soon as practicable; and

unless there are special circumstances, in no case later than 42 days after the application is made.

any application under this section, on behalf of a protected person, for—

the defending, on behalf of a protected person, of any such application made by the respondent or the associated respondent—

to direct that the standard condition relating to weapons is not to be a condition of a protection order; or

to discharge the standard condition relating to weapons—

to permit a person to whom the standard condition applies to have in his or her possession, or have under his or her control, a specified weapon, or weapons of a specified class, either unconditionally or subject to such conditions as the court thinks fit:

where necessary, to permit such a person to hold a firearms licence:

in any case where the terms of the standard condition have already been modified so as to make them less onerous than the terms set out in section 21, by reinstating (whether in whole or in part) those terms as so set out.

that the standard condition relating to weapons, in the terms set out in section 21, is not necessary for the protection of the persons for whose benefit the protection order applies from further domestic violence; and

that the standard condition relating to weapons, in the terms proposed, will sufficiently protect those persons from further domestic violence.

the need to protect those persons for whose benefit the protection order applies from further domestic violence is the paramount consideration; and

without limiting paragraph (a), the court must, so far as is practicable, have regard to the following matters:

the standard condition relating to weapons has been discharged pursuant to section 22; or

the terms of the standard condition relating to weapons have been modified pursuant to that section—

a temporary protection order becomes a final order in accordance with section 77(1); and

at the time the order becomes final, any firearms licence held by the respondent or an associated respondent is suspended pursuant to section 21(2),—

that person is deemed, for all purposes, not to be the holder of a firearms licence during the period of the suspension; but

immediately on that suspension ceasing to be in force, then, except where the firearms licence is revoked (whether pursuant to subsection (1) or otherwise) or ceases to be in force, that firearms licence revives.

limits the terms of the standard condition relating to weapons; or

confers on any person any right to appeal to any court, other than under section 91, against the revocation of that firearms licence.

in any case where the person’s firearms licence is suspended by virtue of section 21(2),—

in any case where the person’s firearms licence is revoked by virtue of section 21(2) or section 24(1) of this Act, then, subject to paragraph (c) of this subsection, subsections (2) to (4) of section 28 of the Arms Act 1983 apply, with all necessary modifications, as if the weapon were a firearm that had been delivered to a constable pursuant to section 28 of the Arms Act 1983:

if, at the time of the surrender of the weapon, the person was not lawfully entitled to possess the weapon (disregarding, for that purpose, the effect of the standard condition relating to weapons), the weapon is deemed to have been seized and detained pursuant to the Arms Act 1983, and the provisions of sections 65 and 70 of that Act apply accordingly:

the revocation of any firearms licence; or

the seizure of any weapon.

a person’s firearms licence is suspended pursuant to section 21(2); and

during the period of that suspension, that firearms licence is revoked pursuant to the Arms Act 1983,—

the manner in which arrangements for access to a child are to be implemented:

the manner and circumstances in which the respondent or the associated respondent, or both, may make contact with the protected person.

to consent on behalf of the protected person; and

to withdraw such consent.

may become suspended in accordance with subsection (3) on 1 or more occasions:

may revive in accordance with subsection (4) on 1 or more occasions.

the consent of a person (other than the respondent or, as the case may be, the associated respondent) who is specified, in a special condition of the protection order imposed pursuant to section 27(3), as a person who is entitled to consent, on the protected person’s behalf, in relation to the matter:

the withdrawal of consent by such a person.

an application has been made to the Family Court for a protection order; and

there is a child of the applicant’s family.

an interim order or orders about the role of providing day-to-day care for, or about contact with, a child of the applicant’s family:

any interim order or orders varying any order of the kind referred to in paragraph (a).

the date that is 1 year after the day on which the order is made; or

the date that the child attains the age of 16 years, unless the Family Court in special circumstances orders otherwise on or after making the order.

the order becomes a final order in accordance with section 77(1); or

the order lapses pursuant to section 77(4); or

the order is discharged pursuant to section 80.

by varying or discharging any special condition of the protection order:

by imposing any special condition:

by varying or discharging a direction made pursuant to section 51D:

by making a direction pursuant to section 51D.

by varying or discharging any special condition of the protection order:

by imposing any special condition:

by varying or discharging a direction made pursuant to section 51D:

by making a direction pursuant to section 51D.

by directing, pursuant to section 16(2), that the protection order also apply for the benefit of a particular person:

by directing, pursuant to section 17, that the protection order apply against a particular person.

by varying or discharging any special condition of the protection order, in so far as the special condition relates to the specified person:

by imposing a special condition that relates to that specified person.

as soon as practicable; and

unless there are special circumstances, in no case later than 42 days after the application is made.

applies for the benefit of a specified person pursuant to a direction made under section 16(2); or

applies against an associated respondent pursuant to a direction made under section 17.

applies for the benefit of a specified person pursuant to a direction made under section 16(2); or

applies against an associated respondent pursuant to a direction made under section 17,—

as soon as practicable; and

unless there are special circumstances, in no case later than 42 days after the application is made.

any application, on behalf of a protected person, for the variation or discharge of a protection order under this Act; and

the defending, on behalf of a protected person, of any such application made by the respondent or the associated respondent—

the applicant, or the applicant’s representative, may request the Registrar to authorise the provision of a safety programme to all or any of the following persons:

a specified person (other than a child) may request the Registrar to authorise the provision of a safety programme to that specified person if no request has been made under paragraph (a)(iii).

ensure that the applicant is aware of the applicant’s right to make a request under this section; and

where the applicant wishes to exercise that right, take such further steps as the lawyer considers necessary to enable the applicant to do so.

undertake an assessment; and

attend a non-violence programme.

there is no service provider available; or

the court considers that there is any other good reason for not making a direction.

the direction does not take effect until 10 working days after a copy of the direction is served on the respondent; and

the respondent may, within those 10 working days, notify the court that he or she objects to the direction.

the Registrar must, if the respondent wishes to be heard, assign a hearing date, which must be—

the direction is suspended from the date on which the court receives the notice of objection until the court, after considering the respondent’s objection, confirms (whether with or without variation) or discharges the direction.

confirm the direction; or

vary the direction; or

discharge the direction.

arrange for the respondent to be referred to a service provider; and

notify the service provider of the direction made under section 51D.

undertake an assessment of the respondent; and

determine whether there is an appropriate non-violence programme for the respondent to attend.

after undertaking an assessment of the respondent; or

during the provision of a non-violence programme to a respondent.

forward a copy of the notification to a Judge; and

arrange for the protected person to be advised of the service provider’s concerns.

determines that there is an appropriate non-violence programme for the respondent to attend; but

is not able to provide that programme to the respondent.

notify the Registrar; and

send to the Registrar the following information:

there is an appropriate non-violence programme for the respondent to attend but that—

there is not an appropriate non-violence programme for the respondent to attend.

discharge the direction made under section 51D(1)(b); and

make such other orders or directions as the Judge thinks fit in the circumstances.

the number of programme sessions that the respondent must attend; and

the place, date, and time of the first programme session, and all subsequent sessions, that the respondent must attend.

settle the terms of attendance with the respondent and the service provider; or

bring the matter to the attention of a Judge.

it is no longer appropriate or practicable for the service provider to provide the programme to the respondent; or

the respondent is not participating fully in the programme, and that this is significantly affecting the respondent’s ability to benefit fully from the programme.

notify the Registrar; and

send to the Registrar all information relating to the respondent that is held by the service provider.

make a new referral under section 51G to a different service provider; or

bring the matter to the attention of a Judge.

undertake an assessment with the service provider to whom notice of the direction has been given under section 51G:

attend a non-violence programme in accordance with terms of attendance settled under section 51L.

exercise the powers under section 82, as if he or she were the court referred to in that section, to call the respondent before the court; or

bring the matter to the attention of a Judge so that the Judge may consider whether to exercise the power conferred by section 51P in relation to the respondent.

states whether, in the opinion of the service provider, the respondent has achieved the objectives of the non-violence programme; and

advises of any concerns that the service provider has about the safety of any protected person.

forward a copy of that report to a Judge; and

arrange for the protected person to be notified—

be disclosed to any other person; or

be admitted as evidence in any court or before any person acting judicially.

for the purpose of giving a notification to a Registrar under—

for the purpose of a Registrar making a referral under—

for the purpose of any proceedings under—

for the purposes of investigating or prosecuting—

in circumstances in which the service provider believes, on reasonable grounds, that the disclosure is necessary to prevent or lessen a serious threat to public safety or the safety of any person:

with the authority of the person who disclosed the information to the service provider.

is necessary for the protection of the applicant; or

is in the best interests of a child of the applicant’s family.

the parties have ever lived in the same dwellinghouse, whether in the dwellinghouse to which the order relates or any other dwellinghouse; or

either party lives in the dwellinghouse at the time the order is made.

for such period or periods; and

on such terms and conditions relating to the occupation of the dwellinghouse to which the order relates,—

extending or reducing any period specified by the court pursuant to section 53(5); or

varying or discharging any terms and conditions imposed by the court pursuant to section 53(5); or

discharging the occupation order.

as soon as practicable; and

unless there are special circumstances, in no case later than 42 days after the application is made.

the sole tenant; or

a tenant holding jointly, or in common, with the applicant.

any furniture or other household effects let with the dwellinghouse; and

any land, outbuildings, or parts of buildings included in the tenancy.

is necessary for the protection of the applicant; or

is in the best interests of a child of the applicant’s family.

the applicant becomes the tenant of the dwellinghouse upon and subject to the terms and conditions of the tenancy in force at the time the order is made; and

the other party ceases to be a tenant.

limits or affects the operation of any enactment or rule of law for the time being applicable to—

authorises the court to vary any express or implied term or condition of the tenancy except by—

as soon as practicable; and

unless there are special circumstances, in no case later than 42 days after the application is made.

the respondent has physically or sexually abused the applicant or a child of the applicant’s family; and

the delay that would be caused by proceeding on notice would or might expose the applicant or a child of the applicant’s family to physical or sexual abuse.

on its discharge by the court; or

on the discharge of a temporary protection order made in conjunction with that occupation order or tenancy order; or

if no such protection order has been made and the court has not sooner discharged the occupation order or tenancy order, at the close of the seventh day after the date of the making of the occupation order or tenancy order.

notify the court, in accordance with section 76, that he or she wishes to be heard on whether a final order should be substituted for the temporary order:

in the case of an occupation order, apply pursuant to section 55 for the order to be varied or discharged:

in the case of a tenancy order, apply pursuant to section 59 for the order to be discharged and the tenancy revested.

it has jurisdiction to make a tenancy order; and

the making of a tenancy order is appropriate; and

section 74 has been complied with in respect of the making of a tenancy order other than a temporary order,—

it has jurisdiction to make an occupation order; and

the making of an occupation order is appropriate; and

section 74 has been complied with in respect of the making of an occupation order other than a temporary order,—

at the time of making that application, or at any time before that application is determined; or

if the court makes an occupation order or a tenancy order on that application, at any time while that order remains in force,—

that, before the making of the order, the applicant and the other party to the proceedings have lived in the same dwellinghouse at the same time, and that the applicant is or will be living in the dwellinghouse specified in the occupation order or, as the case may be, the tenancy order; or

that a child of the applicant’s family is or will be living in the dwellinghouse so specified.

unless the court otherwise directs, the order continues in force for 6 months from the date on which it is made; and

in any event, irrespective of the terms of the order, the order expires if the occupation order or tenancy order to which the order relates expires or is discharged.

extending or reducing any period specified by the court pursuant to section 63(6); or

varying the furniture, household appliances, and household effects to which the order relates; or

varying or discharging any terms and conditions imposed by the court pursuant to section 63(5); or

discharging the ancillary furniture order.

if the occupation order or tenancy order to which the ancillary furniture order relates is no longer in force; or

in circumstances in which the court could not make an ancillary furniture order under section 63.

as soon as practicable; and

unless there are special circumstances, in no case later than 42 days after the application is made.

applies for a protection order; and

that person—

at the time of making that application, or at any time before that application is determined; or

if the court makes the protection order sought, at any time while that order remains in force,—

that the applicant, or a child of the applicant’s family, or both, are or were living in the dwellinghouse; and

that the furniture, household appliances, and household effects are reasonably required to equip another dwellinghouse in which the applicant, or a child of the applicant’s family, or both, are or will be living.

unless the court otherwise directs, the order continues in force for 6 months from the date on which it is made; and

in any event, irrespective of its terms, the order expires if the protection order to which the order relates expires or is discharged.

extending or reducing any period specified by the court pursuant to section 67(6); or

varying the furniture, household appliances, and household effects to which the order relates; or

varying or discharging any terms and conditions imposed by the court pursuant to section 67(5); or

discharging the furniture order.

if the protection order to which the furniture order relates is no longer in force; or

in circumstances in which the court could not make a furniture order under section 67.

as soon as practicable; and

unless there are special circumstances, in no case later than 42 days after the application is made.

that the respondent has physically or sexually abused the applicant or a child of the applicant’s family; and

that the delay that would be caused by proceeding on notice would or might expose the applicant or a child of the applicant’s family to physical or sexual abuse.

on its discharge by the court; or

in the case of an ancillary furniture order, on the discharge of the occupation order or the tenancy order to which the ancillary furniture order relates; or

in the case of a furniture order, on the discharge of the protection order to which the furniture order relates.

notify the court, in accordance with section 76, that he or she wishes to be heard on whether a final order should be substituted for the temporary order:

in the case of an ancillary furniture order, apply pursuant to section 65 for the order to be varied or discharged:

in the case of a furniture order, apply pursuant to section 69 for the order to be varied or discharged.

who is aged 17 years or over; and

who wishes to apply for an order under this Part—

an application for an order under this Part may be made against a minor who is or has been married, or in a civil union or de facto relationship, or who has attained the age of 17 years; and

orders may be made on the application, and enforced,—

the mortgage, security, charge, or encumbrance was registered before the order was made; or

the rights of the person entitled to that benefit arise under an instrument (including, but not limited to, a hire purchase agreement) executed before the date of the making of the order.

the respondent’s right under subsection (1); and

that, subject to sections 51E, 78, and 79, if the respondent does not take any steps in the proceedings, the temporary order becomes final in accordance with section 77 by operation of law 3 months after the date on which it is made.

as soon as practicable; and

unless there are special circumstances, in no case later than 42 days after the receipt of the respondent’s notice.

the respondent has been served with a copy of the order not less than 10 clear days before the 3 month period specified in subsection (1) elapses; and

the respondent has not notified the court, before that period elapses, that he or she wishes to be heard.

relate to the whole, or to specified parts, of the order made or sought; and

be made even though the respondent does not wish to be heard.

notice has been given pursuant to section 74 to any person having an interest in the property affected by the order; and

the person so notified takes no steps in the proceedings.

appoint a time and place for the holding of the review; and

inform the applicant and respondent of the date, time, and place of the review, and invite them to attend.

the applicant:

the respondent:

a lawyer representing the applicant:

a lawyer representing the respondent:

a lawyer appointed under section 81:

any lawyer appointed under section 7(1) of the Care of Children Act 2004 to act for a child who in proceedings under this Act is a child of the applicant’s family:

any other persons whom the Family Court Judge permits to be present.

make an interim order relating to contact under section 28B:

impose any condition under section 27 relating to the matter set out in subsection (2)(a) of that section:

give any directions that the Judge considers necessary.

on good cause being shown, adjourn the hearing to a fixed time and place.

to assist the court; or

to represent a child—

to represent any other person (being a person to whom section 11 applies)—

be determined in accordance with regulations made under section 16D of the Family Court Act 1980 or, if no such regulations are made, by a Registrar of the court; and

be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.

be determined in accordance with regulations made under this Act or, if no such regulations are made, by a Registrar of the court; and

be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.

any party to the proceedings:

the spouse or partner of such party:

an associated respondent:

a specified person.

the witness has the same privilege to refuse to answer any question as the witness would have if called by a party to the proceedings; and

the witness may be examined and re-examined—

in accordance with the scale of witnesses’ expenses prescribed by regulations made under this Act; and

in the first instance, out of public money appropriated by Parliament for the purpose.

officers of the court:

the parties to the proceedings:

any lawyer representing any party to the proceedings:

any lawyer appointed pursuant to section 81 in respect of the proceedings:

any lawyer appointed under section 7(1) of the Care of Children Act 2004 to act for a child who in proceedings under this Act is a child of the applicant’s family:

where, pursuant to any provision of this Act, any person is bringing or defending the proceedings on behalf of another person,—

witnesses:

accredited news media reporters:

any person who is nominated by the applicant for a protection order or by a protected person in accordance with subsection (2):

any other person whom the Judge permits to be present.

to hear proceedings in private; or

to permit a McKenzie friend to be present; or

to exclude any person from the court.

the effect of the order; and

the consequences that may follow if the person fails to comply with the terms of the order; and

the means by which the order can be varied or discharged.

the consequences that may follow if the person fails to comply with the terms of the order; and

the means by which the order can be varied or discharged.

by sending the copy by means of electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication):

by entering the copy on a database maintained in electronic form, where that database may be accessed by the person or persons to whom the copy is required to be made available:

by making the copy available in such manner as is prescribed by regulations made under this Act:

by making the copy available in such other manner as is appropriate in the circumstances.

the place where the copy of the order was so served; and

the date and time of service.

the order discharges a protection order, and no other protection order is made in substitution for that protection order; or

the order discharges an order made under Part 3, and no other order under that Part is made in substitution for that order; or

the order varies an order made under Part 3.

make or refuse to make an order; or

dismiss the proceedings; or

otherwise finally determine the proceedings.

the making and prosecution of an appeal under section 91 or section 93; and

the defending of any such appeal—

the operation of an order made under this Act is not suspended by an appeal under section 91 or section 93; and

every order made under this Act may be enforced in the same manner in all respects as if no such appeal were pending.

the request is made by or on behalf of a protected person; and

the request relates to a protection order made by a New Zealand court; and

orders of that nature may be enforced in the foreign country to which the request relates; and

there are reasonable grounds for believing that enforcement of the order in the foreign country is necessary for the protection of the protected person,—

to enable the Registrar to determine whether or not the request satisfies the requirements of subsection (3); and

to secure enforcement of the order in the foreign country.

a protected person from applying to a court or other appropriate authority in a foreign country for enforcement, in that country, of a protection order; or

the variation or discharge, pursuant to this Act, of a protection order that is enforced in a foreign country.

a certified copy of a foreign protection order; and

a certificate—

written information tending to show that a person for whose protection the order was made—

in relation to that order; and

in relation to any variation of that order pursuant to section 99(c),—

has effect; and

may be enforced; and

in the terms in which it has effect in New Zealand, may be varied,—

must, in the prescribed manner, notify the court or the appropriate authority in the country in which the order was made of the variation; and

unless the Registrar is the Registrar of the court in which the foreign protection order is registered, must forward to the Registrar of that court a copy of the order varying the foreign protection order.

was not, at the time of its registration in New Zealand, enforceable in the country in which it was made; or

has, since its registration in New Zealand, ceased to be enforceable in the country in which it was made,—

that a New Zealand court has refused, pursuant to subsection (1), to enforce or vary the order under this Act; or

that the order is not enforceable in the country in which it was made; or

that registration of the order in New Zealand is no longer necessary,—

any document purporting to be signed by any Judge or officer of a court in any prescribed foreign country is, in the absence of evidence to the contrary, deemed to have been so signed without proof of the signature or judicial or official character of the person appearing to have signed it; and

the officer of a court by whom a document purports to be signed is, in the absence of evidence to the contrary, deemed to have been the proper officer of the court to sign the document.

that relates to that protected person, or to any protected person who is a child of the applicant’s family, or to both; and

that is included, or is about to be included, on that public register—

must be made in the prescribed manner (if any); and

must be made in the prescribed form (if any); and

must, so far as practicable, specify with due particularity the relevant information in respect of which the direction is sought, so that the agency may locate that relevant information.

decide, in accordance with section 109, whether the application is to be granted or declined; and

notify the applicant of its decision in accordance with section 110.

a protection order is in force in respect of the applicant; and

making the direction would not unduly compromise the public register to which the application relates.

specify the reasons for the decision; and

notify the applicant of that person’s right to complain to the Privacy Commissioner pursuant to section 118, including the time within which that complaint must be made.

until the expiry of the prescribed period after notice of the agency’s decision on that application is communicated to the applicant; and

where, before the expiry of the period referred to in paragraph (a), the Privacy Commissioner extends the period within which a complaint relating to that decision may be made under section 118, until the expiry of that period as so extended; and

if a complaint relating to that decision is made under section 118, until the complaint is finally dealt with or is withdrawn, whichever occurs first.

that relevant information must not be included in—

that is made available to the public after the direction is made; and

that relevant information must not be made available for inspection by members of the public (other than the person to whom the relevant information relates) who wish to inspect the register or any index to the register; and

no application made, by or in relation to the person to whom the relevant information relates, for the inclusion of any information on the public register, to the extent that the application contains relevant information relating to that person, must be made available for inspection by members of the public (other than the person to whom the relevant information relates);—

paragraphs (a) and (b) of subsection (1) of section 112 apply only in relation to relevant information included, or about to be included, on that public register at the date on which the direction is made; and

paragraph (c) of that subsection applies only in relation to an application of the kind referred to in that paragraph, where the application has been made before the date on which the direction is made.

a direction is made in respect of a protection order; and

at the time the direction is made, the protection order is a final order,—

a direction is made in respect of a protection order; and

at the time the direction is made, the protection order is a temporary order,—

subject to paragraph (d), the direction, unless sooner revoked, expires at the end of the period of 4 months after the date on which the direction is made:

if, before the expiry of the period referred to in paragraph (c),—

then, unless the direction is sooner revoked or ceases to be in force pursuant to subsection (3), the direction continues in force and expires at the end of the period of 5 years after the date on which the direction is made.

a direction made by an agency is in force in respect of a final protection order; and

either,—

is requested, in writing, to authorise the agency concerned to disclose or make available some or all of that information; and

gives such authority,—

section 115 of the Electoral Act 1993; or

section 239(2) of the Land Transport Act 1998.

for the purposes of subsection (1), that failure is deemed to be a decision declining to make the direction sought by the applicant; and

for the purposes of subsection (3), that failure is deemed to be a decision notice of which was communicated to the applicant on the expiry of the prescribed period after the agency received the application.

prescribing the manner in which applications under section 108(1) must be made:

prescribing such forms as are necessary for the purposes of this Part, or authorising any specified person or persons to prescribe or approve forms, and requiring the use of such forms:

prescribing the periods required to be prescribed for the purposes of sections 108(3), 111, 114(3), and 118:

prescribing circumstances in which, and conditions on which, relevant information may be made available to the public even though a direction is in force in respect of that relevant information, while still ensuring, to the greatest possible extent, the protection of the person to whom the relevant information relates:

prescribing the manner in which any notice required by this Part to be given by or to any person is to be so given.

may make different provision for different agencies and different public registers:

may be made to apply generally in respect of all public registers, or in respect of any specified public register or of public registers of any specified class or classes.

to the extent that no regulations made pursuant to section 121 apply,—

prescribe how section 109(b) is to be applied:

prescribe how section 112 is to apply, or is to be complied with:

prescribe how section 113 is to apply:

provide for the review of the code by the Privacy Commissioner:

provide for the expiry of the code.

any specified public register or class or classes of public register:

any specified agency or specified class or classes of agency:

any specified relevant information or class or classes of relevant information.

does not arrest person A for an offence against any enactment involving the use of violence against person B; but

has reasonable grounds to believe, having regard to the matters specified in subsection (2), that the issue of an order is necessary to ensure the safety of person B.

whether, in the circumstances, he or she considers it is likely that—

whether there is a likelihood that person A will use, or again use, domestic violence against person B:

the welfare of any children residing with person B:

the hardship that may be caused if the order is issued:

any other matter the constable considers relevant.

surrender to a constable—

vacate any land or building occupied by a person at risk, whether or not he or she has a legal or equitable interest in the land or building.

physically or sexually abuse a person at risk; or

threaten to physically or sexually abuse a person at risk; or

damage, or threaten to damage, property of a person at risk; or

engage, or threaten to engage, in other behaviour, including intimidation or harassment, that amounts to psychological abuse of a person at risk; or

encourage any person to engage in behaviour against a person at risk, where the behaviour, if engaged in by the person against whom the order is issued, would be prohibited by the order; or

watch, loiter near, or prevent or hinder access to or from the place of residence, business, or employment of a person at risk, or an educational institution attended by a person at risk, or any other place that a person at risk visits often; or

follow a person at risk about or stop or accost a person at risk in any place; or

where a person at risk is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or

make any other contact with a person at risk (whether by telephone, electronic message, correspondence, or otherwise), except such contact as is reasonably necessary in any emergency.

the person named in the order for whose safety the order is issued; and

any child residing with that person.

any firearms licence held by the person against whom the order is issued is deemed to be suspended; and

the person against whom the order is issued is deemed, for all purposes, not to be the holder of a firearms licence.

an order is issued; and

a child is residing with a person named in the order for whose protection the order is issued (a protected child); and

a parenting order or day-to-day care or contact agreement is in force in respect of a protected child; and

the person against whom the order is issued is a party to that parenting order or agreement.

obtain authorisation under section 124B(3) to issue the order:

issue the order:

serve the order.

commits an offence and is liable on conviction to the penalty specified in subsection (4); and

may be arrested without warrant.

the purpose, duration, and effect of the order; and

the consequences that may follow if the person against whom the order is issued contravenes the order.

the order; or

any condition of the order.

using such force as is reasonably necessary; or

executing a warrant to arrest issued in respect of that person under section 124O(1)(a).

be released; and

be served by a constable with a summons requiring him or her to appear before the District Court at the place and time specified in the summons.

arrest him or her; and

bring him or her before the court.

if the order has not expired, direct that another order, which is to continue in force for a period not exceeding 5 days specified by the court, be—

if the order has expired, direct that another order, which is to continue in force for a period not exceeding 5 days specified by the court, be—

if it considers it appropriate in the circumstances to do so,—

make a direction of the kind specified in subsection (1)(a) or (b); or

issue, without application from any person, a temporary protection order under section 14 as if—

does not object; and

has not made an application for a protection order against person R that is currently pending determination by a court.