Western Australian Current Acts

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RESTRAINING ORDERS ACT 1997 - SECT 4

4 .         Terms used: family relationship and family member

        (1)         In this Act —

        family relationship means a relationship between 2 persons —

            (a)         who are, or were, married to each other; or

            (b)         who are, or were, in a de facto relationship with each other; or

            (c)         who are, or were, related to each other; or

            (d)         one of whom is a child who —

                  (i)         ordinarily resides, or resided, with the other person; or

                  (ii)         regularly resides or stays, or resided or stayed, with the other person;

                or

            (e)         one of whom is, or was, a child of whom the other person is a guardian; or

            (f)         who have, or had, an intimate personal relationship, or other personal relationship, with each other; or

            (g)         one of whom is the former spouse or former de facto partner of the other person’s current spouse or current de facto partner.

        (2)         In subsection (1) —

        other personal relationship means a personal relationship of a domestic nature in which the lives of the persons are, or were, interrelated and the actions of one person affects, or affected, the other person;

        related , in relation to a person, means a person who —

            (a)         is related to that person taking into consideration the cultural, social or religious backgrounds of the 2 persons; or

            (b)         is related to the person’s —

                  (i)         spouse or former spouse; or

                  (ii)         de facto partner or former de facto partner.

        (3)         In this Act a person is a family member of another person if the persons are in a family relationship.

        [Section 4 inserted: No. 38 of 2004 s. 6; amended: No. 49 of 2016 s. 6; No. 30 of 2020 s. 53.]



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