Women’s Charter 1961 · s 61A

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—(1) This section applies if, in an application for a protection order, the court makes an expedited order to restrain X from committing family violence against Y.(2) The court may make one or more of the following orders if the court is satisfied, on a balance of probabilities, that the order or orders are necessary for the protection or personal safety of Y:(a)a domestic exclusion order excluding X from Y’s home and granting Y the right of exclusive occupation in relation to Y’s home;(b)a stay away order prohibiting X from entering and remaining in an area outside Y’s home or any other place frequented by Y;(c)a no contact order prohibiting X from visiting or communicating with Y.(3) An order under subsection (2) may be made —(a)on the initiative of the court; or(b)on an application by —(i)the applicant for the protection order; or(ii)a protector.(4) An order under subsection (2) may be made —(a)when the court makes the expedited order against X; or(b)at any time while the expedited order against X has effect.(5) An order under subsection (2) may be made even if —(a)the protection order application has not been served on X;(b)the protection order application has not been served on X within a reasonable time before the hearing of the application; or(c)X has been served with the protection order application, but fails to appear at the hearing of the application.(6) An order under subsection (2) has effect from —(a)the date on which the order is served on X in the prescribed manner; or(b)any later date specified in the order.(7) The following supplementary provisions apply in relation to a domestic exclusion order:(a)the order may be made in respect of the whole or any part of Y’s home;(b)the order may be made regardless of who has a title or interest in Y’s home;(c)except to the extent provided for in the order, the order does not affect any title or interest that the excluded person or any other person might have in Y’s home.(8) An order under subsection (2) may be varied, suspended or revoked by the court —(a)on its own initiative; or(b)on an application by —(i)X;(ii)the applicant for the protection order; or(iii)a protector.(9) If the expedited order against X ceases to have effect, an order under subsection (2) also ceases to have effect.(10) A person who knowingly contravenes an order under subsection (2) commits a family violence offence punishable under section 63C.
This section applies if, in an application for a protection order, the court makes an expedited order to restrain X from committing family violence against Y.
The court may make one or more of the following orders if the court is satisfied, on a balance of probabilities, that the order or orders are necessary for the protection or personal safety of Y:(a)a domestic exclusion order excluding X from Y’s home and granting Y the right of exclusive occupation in relation to Y’s home;(b)a stay away order prohibiting X from entering and remaining in an area outside Y’s home or any other place frequented by Y;(c)a no contact order prohibiting X from visiting or communicating with Y.
An order under subsection (2) may be made —(a)on the initiative of the court; or(b)on an application by —(i)the applicant for the protection order; or(ii)a protector.
An order under subsection (2) may be made —(a)when the court makes the expedited order against X; or(b)at any time while the expedited order against X has effect.
An order under subsection (2) may be made even if —(a)the protection order application has not been served on X;(b)the protection order application has not been served on X within a reasonable time before the hearing of the application; or(c)X has been served with the protection order application, but fails to appear at the hearing of the application.
An order under subsection (2) has effect from —(a)the date on which the order is served on X in the prescribed manner; or(b)any later date specified in the order.
The following supplementary provisions apply in relation to a domestic exclusion order:(a)the order may be made in respect of the whole or any part of Y’s home;(b)the order may be made regardless of who has a title or interest in Y’s home;(c)except to the extent provided for in the order, the order does not affect any title or interest that the excluded person or any other person might have in Y’s home.
An order under subsection (2) may be varied, suspended or revoked by the court —(a)on its own initiative; or(b)on an application by —(i)X;(ii)the applicant for the protection order; or(iii)a protector.
If the expedited order against X ceases to have effect, an order under subsection (2) also ceases to have effect.
A person who knowingly contravenes an order under subsection (2) commits a family violence offence punishable under section 63C.

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s 61ADomestic exclusion, stay away and no contact orders

(1)

This section applies if, in an application for a protection order, the court makes an expedited order to restrain X from committing family violence against Y.

(2)

The court may make one or more of the following orders if the court is satisfied, on a balance of probabilities, that the order or orders are necessary for the protection or personal safety of Y:

(a)

a domestic exclusion order excluding X from Y’s home and granting Y the right of exclusive occupation in relation to Y’s home;

(b)

a stay away order prohibiting X from entering and remaining in an area outside Y’s home or any other place frequented by Y;

(c)

a no contact order prohibiting X from visiting or communicating with Y.

(3)

An order under subsection (2) may be made —

(a)

on the initiative of the court; or

(b)

on an application by —

(i)

the applicant for the protection order; or

(ii)

a protector.

(4)

An order under subsection (2) may be made —

(a)

when the court makes the expedited order against X; or

(b)

at any time while the expedited order against X has effect.

(5)

An order under subsection (2) may be made even if —

(a)

the protection order application has not been served on X;

(b)

the protection order application has not been served on X within a reasonable time before the hearing of the application; or

(c)

X has been served with the protection order application, but fails to appear at the hearing of the application.

(6)

An order under subsection (2) has effect from —

(a)

the date on which the order is served on X in the prescribed manner; or

(b)

any later date specified in the order.

(7)

The following supplementary provisions apply in relation to a domestic exclusion order:

(a)

the order may be made in respect of the whole or any part of Y’s home;

(b)

the order may be made regardless of who has a title or interest in Y’s home;

(c)

except to the extent provided for in the order, the order does not affect any title or interest that the excluded person or any other person might have in Y’s home.

(8)

An order under subsection (2) may be varied, suspended or revoked by the court —

(a)

on its own initiative; or

(b)

on an application by —

(i)

(ii)

the applicant for the protection order; or

(iii)

a protector.

(9)

If the expedited order against X ceases to have effect, an order under subsection (2) also ceases to have effect.

(10)

A person who knowingly contravenes an order under subsection (2) commits a family violence offence punishable under section 63C.