27Duration of court DVO

27 Duration of court DVO (1) A court DVO, other than an interim court DVO made under section 64(1), is in force for the period specified in it, which may be an indefinite period. 1 For the duration of a police DVO, see section 34(2). 2 For the duration of an interim court DVO, see section 64(4). (2) In deciding the period for which a court DVO is in force, the paramount consideration must be the safety and protection of the protected person and each child (if any) of the protected person or who usually resides with the protected person. (3) In deciding the period for which a court DVO is in force, the issuing authority must consider the following: (a) the period necessary to protect the protected person from domestic violence, having regard to the content of the DVO; (b) any information provided by the applicant about the likely duration of the risk of the respondent committing domestic violence; (c) if the applicant is not the protected person – any information provided by the protected person about the likely duration of the risk of the respondent committing domestic violence; (d) the duration of any sentence of imprisonment imposed on the respondent or that is likely to be imposed on the respondent (if known); (e) any information provided by the respondent about the risk of the respondent committing domestic violence.

Domestic and Family Violence Act 2007 29 (4) The issuing authority may make a court DVO of an indefinite period if satisfied that: (a) the risk of the respondent committing domestic violence against the protected person is significant and ongoing; and (b) the risk cannot be minimised if the court DVO has a specified duration. (5) If a court DVO is of an indefinite period, the court DVO is in force until the DVO is revoked by the Court or set aside on appeal. (6) If a court DVO does not specify the period when it is in force, the court DVO is in force from when it is made until: (a) if the respondent is an adult – the earlier of the following: (iii) after a period of 5 years commencing on the day the DVO is made; or (b) if the respondent is a young person – the earlier of the (iii) after a period of 12 months commencing on the day the DVO is made; or (c) if the protected person is a child or young person – the earlier of the following: (iii) when the protected person attains the age of 18 years.

Domestic and Family Violence Act 2007 30