87ADefinitions

87A Definitions

87A Definitions

In this part—

appropriate court, in relation to an application for, or the making of, a serious domestic abuse prevention order against a person, means—

(a) if the ground for making the order is that the person has been convicted of 2 or more domestic violence offences with a maximum penalty of 7 years imprisonment or more—the Local Court, or

(b) if the ground for making the order is that the person has been involved in serious domestic abuse activity—the Supreme Court.

eligible applicant means any of the following—

(a) the Commissioner of Police,

(b) the Director of Public Prosecutions.

family member of a person means the following—

(a) a person who is or has been a relative of the person

(b) for a person who is an Aboriginal person or a Torres Strait Islander—a person who is or has been part of the extended family or kin of the person according to the indigenous kinship system of the person’s culture.

intimate partner, of a person (the first person), means a person who—

(a) is or has been married to the first person, or

(b) is or has been a de facto partner of the first person, or

Note—

“De facto partner” is defined in the Interpretation Act 1987, section 21C.

(c) has or has had an intimate personal relationship with the first person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature.

serious domestic abuse activity means anything done by a person that is or was at the time a serious domestic violence offence—

(a) for which the person has been charged, and

(b) whether or not the person—

(i) has been tried, or

(ii) has been tried and acquitted, or

(iii) has been convicted, even if the conviction has been quashed or set aside.

serious domestic abuse prevention order—see section 87B.

serious domestic violence offence means—