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Women’s Charter 1961 · s 62B

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s 62BService and duration of emergency orders

(1)

This section applies if an emergency order is made against X to restrain X from committing family violence against Y.

(2)

The emergency order takes effect when it is served on X.

(3)

The emergency order may only be served in one of the following ways:

(a)

by serving the emergency order on X personally;

(b)

by affixing the emergency order in the prescribed manner at X’s home.

(4)

The person serving the emergency order must explain to X —

(a)

what the emergency order requires of X; and

(b)

the consequences of contravening the emergency order.

(5)

However, failure to comply with subsection (4) does not invalidate the service of the emergency order.

(6)

Subject to subsection (7), the emergency order has effect for 14 days (including the day on which it is served).

(7)

The emergency order ceases to have effect if —

(a)

the court makes a protection order or expedited order restraining X from committing family violence against Y; or

(b)

a protector cancels the emergency order by written notice to X.

(8)

Subject to section 62C, the expiry or cancellation of the emergency order does not prevent any protector from issuing a fresh emergency order.