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Personal Violence Act 2016
15What if application is made for the wrong order?
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15 What if application is made for the wrong order?
(a) a person applies for a protection order under this Act; and
(b) the order may not be made because the conduct on which the
application is based—
(i) is not conduct that the order could restrain; but
(ii) is conduct that an order under the Family Violence
Act 2016 could restrain; and
(c) the application has not been decided.
(2) The Magistrates Court may make a protection order under the Family
Violence Act 2016 even though that protection order was not properly
applied for if—
(a) the person honestly applied for the order under this Act; and
(b) had the application been properly made, the court could have
made the protection order under the Family Violence Act 2016.
(3) This section does not apply to a consent order under this Act.
Note A consent order may be made whether or not any ground for making the
order has been made out (see s 25 (2) (b)).