Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 10D

10D .         When FVROs may be made

        (1)         A court may make an FVRO if it is satisfied that —

            (a)         the respondent has committed family violence against a person seeking to be protected and the respondent is likely again to commit family violence against that person in the future; or

            (b)         a person seeking to be protected, or a person who has applied for the order on behalf of that person, has reasonable grounds to apprehend that the respondent will commit family violence against the person seeking to be protected.

        (2)         If the court is satisfied in accordance with subsection (1), the court must make the order unless there are special circumstances that would make the order inappropriate.

        (3)         For the purposes of subsection (2), special circumstances do not exist simply because the applicant or respondent can apply, or has applied, for a particular family order.

        [Section 10D inserted: No. 49 of 2016 s. 14.]