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Personal Violence Act 2016
10ARules of evidence
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10A Rules of evidence
To remove any doubt, the Magistrates Court need not comply with
the rules of evidence applying in the ACT in a proceeding under this
Act.
Note The Magistrates Court may inform itself in any way it considers
appropriate in a proceeding for a protection order (see s 59).
Division 3.1 Matters to be considered when making protection orders
Division 3.1 Matters to be considered when
making protection orders
11 Matters to be considered—protection orders
(1) In deciding whether to make a protection order, the Magistrates Court
must consider the following:
(a) the objects of this Act in section 6;
(b) any hardship that may be caused to the respondent or anyone
else by the making of the order;
(c) any previous family violence or personal violence by the
respondent in relation to the affected person or anyone else;
(d) any previous protection order made in relation to the respondent;
(e) any previous contravention of a protection order by the
(f) the need to ensure that property is protected from damage.
(2) The Magistrates Court may also consider anything else the court
considers relevant.
(3) A failure of the court to comply with subsection (1) in relation to a
protection order does not affect the validity of the order.
protection order—
(a) means a protection order under this Act; and
Applications for protection orders Division 3.2
(b) includes the following:
(i) a family violence order under the Family Violence
Act 2016;
(ii) a protection order under the Domestic Violence Agencies
Act 1986 as in force at any time;
(iii) a protection order under the Domestic Violence and
Protection Orders Act 2001 as in force at any time;
(iv) a protection order under the Domestic Violence and
Protection Orders Act 2008 as in force at any time;
(v) a restraining order under the Magistrates Court Act 1930
before 27 March 2002;
(vi) an order under a law of a State, another Territory or New
Zealand that has or had the same effect, or substantially the
same effect, as a protection order under this Act or a family
violence order under the Family Violence Act 2016.