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In forceAmended2020 Revised Edition
Contents

Part 7 · Protection Against Family Violence

62A. Emergency orders may include domestic exclusion, stay away and no contact orders

Amended

Last amended by an amending law of 2023.

(1)

An emergency order that restrains X from committing family violence against Y may also include one or more of the following orders if the protector considers it necessary for the protection or personal safety of Y:

(a)

a domestic exclusion order excluding X from 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.

(2)

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.

(3)

To avoid doubt —

(a)

the orders in subsection (1) have effect as part of the emergency order against X; and

(b)

a contravention of any of those orders is a contravention of the emergency order against X.

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