79BApprehended domestic violence orders may be of indefinite duration

#### 79B Apprehended domestic violence orders may be of indefinite duration 79B Apprehended domestic violence orders may be of indefinite duration > > (1) A court, when determining the period of an apprehended domestic violence order under section 79A, may determine that the order remain in force for an indefinite period (an indefinite order) if the court is satisfied that— > > > > > (a) the applicant has sought an indefinite order, and > > > > > (b) the order relates to a defendant who was 18 years of age or older when the application for the order was first made, and > > > > > (c) there are circumstances giving rise to a significant and ongoing risk of death or serious physical or psychological harm to the protected person or any dependants of the protected person, and > > > > > (d) that risk cannot be adequately mitigated by an order of limited duration. > > > (2) In determining whether there are circumstances giving rise to a significant and ongoing risk of death or serious physical or psychological harm to the protected person or any dependants of the protected person, the court must have regard to— > > > > > (a) any prior conviction of the defendant for a domestic violence offence, including for a contravention of any other apprehended domestic violence order in relation to the protected person or any other person who was the protected person under that order, and > > > > > (b) the conduct of the defendant in respect of the protected person that is relevant to the risk of death or serious physical or psychological harm, such as assaults, stalking, threats to kill or use of weapons, and > > > > > (c) the nature, number and timing of the incidents involved in the conduct referred to in paragraphs (a) and (b). > > > (3) If a court makes an indefinite order, the order remains in force until varied, revoked or set aside on appeal. > > > (4) A person against whom an indefinite order is made may make an application for the variation or revocation of the order only by leave of the court. > > > (5) The court may grant leave to make an application referred to in subsection (4) only if the court is satisfied that— > > > > > (a) there has been a significant change in circumstances since the relevant order was made or last varied, or > > > > > (b) it is otherwise in the interests of justice. > > > (6) Subsections (4) and (5) do not apply in respect of a police-initiated order where the protected person, or 1 of the protected persons, is a child and leave must instead be sought under section 72B. > > **s 79B:** Ins 2018 No 83, Sch 1\[5\] (am 2019 No 20, Sch 1.8\[5\]). Am 2020 No 36, Sch 1\[18\].