Women’s Charter 1961 · s 60A
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Open the official texts 60AProtection orders
The court may, on an application, make a protection order to restrain X from committing family violence against Y if the court is satisfied, on a balance of probabilities, that —
X has committed or is likely to commit family violence against Y; and
the protection order is necessary for the protection or personal safety of Y.
A protection order may also require X not to incite or assist any other person to commit family violence against Y.
A protection order has effect —
from the date on which it is made or any later date that may be specified; and
either indefinitely or for a specified period.
A protection order may be varied, suspended or revoked by the court on an application by —
X;
the applicant for the protection order; or
a protector.
In deciding whether to vary, suspend or revoke a protection order, the court —
must disregard any consent to the variation, suspension or revocation purportedly given by Y if there is reason to believe that the consent was not voluntarily given; and
must consider —
whether there has been any change in the circumstances that required the protection order to be made;
if a counselling order was made against X under section 60E(2) — any report by the person conducting the counselling or other programme that X is required to attend; and
if a mandatory treatment order was made against X under section 60F(2) — any report by the appointed psychiatrist.
A person who knowingly contravenes a protection order commits a family violence offence punishable under section 63C.