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] 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] [Section 16 Subsection (3) amended by No. 21 of 2022, s. 9, Applied:30 Jun 2024] 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] 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.