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What can a domestic violence protection order do? What are the types of orders that can be included in the protection order?

The court can include many different orders in the domestic violence protection order issued under the Domestic Violence Act 1994. Listed below are the orders that the protected person can expect to obtain. An order can:

  • grant the right of exclusive occupation to any protected person of the shared residence or a specified part of it regardless of whether the shared residence is solely owned or leased by the person against whom the order is made or jointly owned or leased by the parties [1];

  • forbid the person against whom the order is made from entering any protected person's place of residence or place of employment or school or other institution or from making personal contact with any protected person other than in the presence of an enforcement officer or such other person as may be specified in the order;

  • require the person against whom the order is made to permit any protected person to enter the shared residence, or to enter the residence of the person against whom the order is made, accompanied by any enforcement officer for the purpose of collecting the protected person's or persons personal belongings;

  • require the person against whom the order is made to avoid making written or telephone communication with any protected person and specifying the limited circumstances in which such communication is permitted;

  • require the person against whom the order is made to permit any protected person to have the continued use of a vehicle which has previously been ordinarily used by the protected person or persons;
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Occupation orders shall not affect any title or interest that the person against whom the order is made or any other person might have in the said premises and shall be revoked if a suitable alternative residence is found for the protected person or persons.

References
  1. ^ Generally, the court will not make an order excluding the person against whom the order is made from the whole of a shared residence unless it is satisfied that there is no other way to secure the personal safety of any protected person for the time being.


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Knowledge Base ID :   1040
Last Reviewed :   November 17, 2016
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