Section 87B - Crimes (Domestic and Personal Violence) Act 2007 - Making of serious domestic abuse prevention orders

87BMaking of serious domestic abuse prevention orders

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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 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.