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Personal Violence Act 2016
77Amendment of protection orders
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77 Amendment of protection orders
(1) The Magistrates Court may amend a protection order only if satisfied
that—
(a) amending the order will not adversely affect the safety of the
protected person or a child of the protected person; and
(b) the order as amended could be made on application for a
protection order; and
(c) if the amendment would reduce the protection of a child who is
15 years old or younger—the child is no longer in need of the
greater protection provided by the unamended protection order.
(2) If the protection order has been amended by being extended, the order
must mention that it has been extended.
(3) An application for an amendment must state the grounds for the
application.
Examples
1 the protected person has had a change in circumstances since the original order
was made
2 the original order restricts the respondent’s rights unnecessarily
(4) An application for an amendment must be made before the original
order ends.
(5) If the parties consent to the application to amend the protection order,
the Magistrates Court must amend the order regardless of whether or
not—
(a) the grounds mentioned in subsection (1) (a), (b) and (c) have
been made out; or
(b) the court has considered those grounds.