38Conditions—general

38 Conditions—general (1) A family violence order may include the conditions the court considers necessary having regard to section 36 and section 37. (2) Without limiting subsection (1), a family violence order may do 1 or more of the following: (a) prohibit the respondent from being on premises where the protected person lives; Note Section 39 sets out matters to be considered when including a condition prohibiting a respondent from being on premises where the respondent lives. (b) prohibit the respondent from being on premises where the protected person works; (c) prohibit the respondent from being on premises where the protected person is likely to be; (d) prohibit the respondent from being in a particular place; (e) prohibit the respondent from being within a particular distance from the protected person; (f) prohibit the respondent locating or attempting to locate the protected person; (g) prohibit the respondent from contacting the protected person; (h) prohibit the respondent from doing anything mentioned in section 8 (1), definition of family violence, paragraph (a); (i) prohibit the respondent from doing anything mentioned in paragraphs (e) to (h) in relation to— (i) a child of the protected person; or (ii) any other child if the court is satisfied that there is an unacceptable risk of the child being exposed to family violence;

(j) prohibit the respondent from causing someone else to do something mentioned in paragraphs (f) to (i); (k) prohibit the respondent from taking possession of stated personal property that is reasonably needed by the protected person or a child of the protected person; (l) require the respondent to give the protected person stated personal property that the respondent possesses that is reasonably needed by the protected person or a child of the protected person; (m) state the conditions on which the respondent may— (i) be on particular premises; or (ii) be in a particular place; or (iii) approach or contact a particular person; or (iv) locate or attempt to locate the protected person; (n) require the respondent to take part in a program of counselling, training, mediation, rehabilitation or assessment if satisfied that having regard to the respondent’s circumstances— (i) the respondent is reasonably likely to participate in the program; and (ii) that the respondent’s participation in the program is reasonably likely to reduce the risk of the respondent engaging in further family violence against the protected person. Examples—par (k) and (l)—personal property 1 personal clothing 2 toiletries 3 books 4 photographs 5 house or car keys

Examples—par (n)—respondent’s circumstances 1 the respondent’s work or educational commitments 2 the respondent’s transport options 3 any disability the respondent may have (3) A regulation may prescribe requirements for subsection (2) (n).