16Family violence orders

### 16 Family violence orders > > (1)  A court may make an FVO if satisfied, on the balance of probabilities, that – > > > > > > (a) a person has committed family violence; and > > > > > > > (b) that person may again commit family violence. > > > (2)  An FVO may include such conditions as the court considers are necessary or desirable to prevent the commission of family violence against an affected person or to protect any other person named in the order. > > > (3)  Without limiting the nature of the conditions which may be included in an FVO, the court may require the person against whom the FVO is to be made to do one or more of the following: > > > > > > (a) vacate premises, not enter premises, or only enter premises on certain conditions, whether or not that person has a legal or equitable interest in the premises; > > > > > > > (b) [*\[Section 16 Subsection (3) amended by No. 50 of 2017, s. 6, Applied:12 Dec 2017\]*](/view/html/inforce/2017-12-12/act-2017-050#GS6@Hpa@EN) not possess firearms specified in the order or forfeit or dispose of any firearms in his or her possession; > > > > > > > (c) [*\[Section 16 Subsection (3) amended by No. 50 of 2017, s. 6, Applied:12 Dec 2017\]*](/view/html/inforce/2017-12-12/act-2017-050#GS6@Hpb@EN) [*\[Section 16 Subsection (3) amended by No. 21 of 2022, s. 9, Applied:30 Jun 2024\]*](/view/html/inforce/2024-06-30/act-2022-021#GS9@Hpa@EN) submit to being electronically monitored by wearing and not removing, or always carrying, an electronic device which allows – > > > > > > > > > > (i) the Commissioner of Police; or > > > > > > > > > > > (ii) a police officer, State Service officer, State Service employee or other person, or a person of a class of persons (whether police officers, State Service officers, State Service employees or other persons), authorised by the Commissioner of Police – > > > > > > > > to find or monitor the geographical location of the person; > > > > > > > (d) [*\[Section 16 Subsection (3) amended by No. 21 of 2022, s. 9, Applied:30 Jun 2024\]*](/view/html/inforce/2024-06-30/act-2022-021#GS9@Hpb@EN) attend and participate in a rehabilitation program and in doing so comply with the reasonable directions of a person employed or engaged to conduct the program. > > > (3A)  [*\[Section 16 Subsection (3A) inserted by No. 21 of 2022, s. 9, Applied:30 Jun 2024\]*](/view/html/inforce/2024-06-30/act-2022-021#GS9@Hpc@EN) Before including a condition in an FVO under [subsection (3)(d)](#GS16@Gs3@Hpd@EN) , the court must – > > > > > > (a) make an order that a rehabilitation program assessment be undertaken in respect of the person and provided to the court by the Director of Corrective Services or any other person; and > > > > > > > (b) satisfy itself that the person is eligible to participate in the rehabilitation program; and > > > > > > > (c) satisfy itself that the rehabilitation program is available for the person to participate in at a suitable place and time. > > > (3B)  [*\[Section 16 Subsection (3B) inserted by No. 21 of 2022, s. 9, Applied:30 Jun 2024\]*](/view/html/inforce/2024-06-30/act-2022-021#GS9@Hpc@EN) If the court includes in an FVO a condition of the kind referred to in [subsection (3)(d)](#GS16@Gs3@Hpd@EN) , the court may require the person against whom the FVO is to be made to, whilst attending and participating in the rehabilitation program, report to a person nominated by the Director of Corrective Services at such reasonable times and places as are determined by the Director of Corrective Services. > > > (4)  [*\[Section 16 Subsection (4) inserted by No. 50 of 2017, s. 6, Applied:12 Dec 2017\]*](/view/html/inforce/2017-12-12/act-2017-050#GS6@Hpc@EN) Despite [subsections (2)](#GS16@Gs2@EN) and [(3)](#GS16@Gs3@EN) , the court may only include in an FVO a condition of the kind referred to in [subsection (3)(c)](#GS16@Gs3@Hpc@EN)  – > > > > > > (a) on the application of a police officer who is presenting the case for the applicant for the FVO or, in any other case, the Commissioner of Police; and > > > > > > > (b) if the court is satisfied that the person to be electronically monitored – > > > > > > > > > > (i) previously has been found guilty of a family violence offence; or > > > > > > > > > > > (ii) currently is charged with a family violence offence; or > > > > > > > > > > > (iii) has a history of committing family violence.