Skip to content
In forceAmended2020 Revised Edition
Contents

Part 7 · Protection Against Family Violence

61. Court may make expedited orders in pending applications for protection orders

Feedback & support
Amended

Last amended by an amending law of 2023.

(1)

This section applies if there is a pending application for a protection order to restrain X from committing family violence against Y.

(2)

The court may make an expedited order to restrain X from committing family violence against Y if the court is satisfied, on a balance of probabilities, that there is a danger of X committing family violence against Y while the protection order application is pending.

(3)

An expedited order may also require X not to incite or assist any other person to commit family violence against Y.

(4)

An expedited order 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.

(5)

An expedited order 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 expedited order has effect from —

(a)

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

(b)

any later date specified in the expedited order.

(7)

An expedited order 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.

(8)

Unless it is earlier revoked, an expedited order has effect for 28 days (including the day on which it is served).

(9)

Despite subsection (8), the court may extend the duration of an expedited order.

(10)

The revocation or expiry of an expedited order does not prevent the court from making fresh expedited orders.

(11)

A person who knowingly contravenes an expedited order commits a family violence offence punishable under section 63C.

Report

Part 8

Maintenance of Wife, Incapacitated Husband and Children

Part 9

Enforcement of Maintenance Orders

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules