15What if application is made for the wrong order?

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)).