New South Wales Consolidated Acts
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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 79A
Duration of apprehended domestic violence orders
(1) An apprehended domestic violence order remains in force for--
period specified in the order by the court, or
(b) if the court fails to
specify a period in the order, the default period.
(2) The period specified
is to be as long as is necessary, in the opinion of the court, to ensure the
safety and protection of the protected person.
(3) In forming the opinion,
the court is to consider the following matters--
(a) the circumstances of the
protected person and that person's views,
(b) the circumstances of the
defendant and, if the defendant was under 18 years of age when the application
for the order was first made, the impact of the order if the duration of the
order were to be more than the default period,
(c) any material that the
court relied on under sections 16 and 17 in deciding to make an
apprehended domestic violence order,
(d) any other matter that the court
considers to be relevant.
Note : Section 9(4) requires the court to be guided
by the objects referred to in section 9 when exercising a power in relation to
domestic violence. Section 9(3)(d) may be of particular relevance when
determining the appropriate duration for an
apprehended domestic violence order.
(4) The court may form the opinion at
the same time that it decides to make the order under Part 4.
section is subject to sections 39 and 73.
(6) In this section--
"default period" means--
(a) if the order relates to a defendant who was under
18 years of age when the application for the order was first made--1 year
after the date the order is made, or
(b) in any other case--2 years after the
date the order is made.
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