16What if application for the wrong order is decided?

16 What if application for the wrong order is decided? (a) a person applies for a protection order under this Act; and (b) the order cannot be validly made because the conduct on which the application is based is not conduct that the order could restrain; and (c) the application is decided before it becomes apparent that paragraph (b) applies; and (d) a protection order under this Act is purportedly made (the invalid order); and (e) had an application been properly made, the court could have made a protection order under the Family Violence Act 2016 of the same kind as the invalid order.

(2) The invalid order is taken to be an order properly applied for and validly made under the Family Violence Act 2016. A personal protection order is made as an interim order under this Act. Later, it is discovered that the parties had previously been domestic partners, making the conduct on which the application for the interim order was based family violence. The interim order made under this Act is taken to be an interim order validly made 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)). Subdivision 3.3.1 Making interim orders