87BMaking of serious domestic abuse prevention orders

#### 87B Making of serious domestic abuse prevention orders 87B Making of serious domestic abuse prevention orders > > (1) An appropriate court may, on the application of an eligible applicant, make an order (a serious domestic abuse prevention order) against a specified person if— > > > > > (a) the person is at least 18 years of age, and > > > > > (b) the court is satisfied that, during the previous 10 years, the person, when at least 16 years of age— > > > > > > > (i) has been convicted of 2 or more domestic violence offences with a maximum penalty of 7 years imprisonment or more, or > > > > > > > (ii) has been involved in serious domestic abuse activity, and > > > > > (c) the court is satisfied there are reasonable grounds to believe that the making of the order would protect one or more of the following persons by preventing the person engaging in domestic abuse— > > > > > > > (i) a family member of the person, > > > > > > > (ii) a former, current or potential intimate partner of the person, > > > > > > > (iii) a person in a domestic relationship with an intimate partner of the person. > > > (2) An application must include the following information— > > > > > (a) details of apprehended violence orders in force against the person, if any, > > > > > (b) details of orders made under the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth against the person of which the applicant is aware. > > > (3) If the ground relied on for an application for a serious domestic abuse prevention order against a person is that the person has been involved in serious domestic abuse activity for which the person has not been convicted of a serious domestic violence offence by reason of an acquittal or a conviction being quashed or set aside, the application must include the following information— > > > > > (a) the serious domestic violence offence of which the person was acquitted or the conviction of which was quashed or set aside, > > > > > (b) the court in which the person was acquitted of the offence or in which the conviction was quashed or set aside, > > > > > (c) the date on which the person was acquitted or on which the conviction was quashed or set aside. > > > (4) Unless the appropriate court orders otherwise, the applicant must serve a copy of the application on the person against whom the serious domestic abuse prevention order is sought at least 14 days before the hearing date for the application. > > > (5) The person against whom a serious domestic abuse prevention order is sought may appear at the hearing of the application and make submissions in relation to the application. > > > (6) The court must have regard to the views of the following persons, if available to the court, in determining an application for a serious domestic abuse prevention order— > > > > > (a) a family member of the person, > > > > > (b) a former or current intimate partner of the person, > > > > > (c) a person in a domestic relationship with an intimate partner of the person. > > > (7) In determining an application for a serious domestic abuse prevention order, the court may admit and take into account hearsay evidence despite any rule relating to the admission of hearsay evidence, whether under the [Evidence Act 1995](/view/html/inforce/current/act-1995-025) or otherwise, if— > > > > > (a) the court is satisfied that the evidence is from a reliable source and is otherwise relevant and of probative value, and > > > > > (b) the person against whom the order is sought to be made has been notified of, and served with a copy of, the evidence before its admission. > > > (8) The applicant must ensure a serious domestic abuse prevention order is served, whether by the applicant or another person, on the person against whom it is made. The order must be served by means of personal service. > > **s 87B:** Ins 2024 No 59, Sch 1\[17\].