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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 43
Non-inclusion of protected person’s residential address in applications or orders
43 Non-inclusion of protected person’s residential address in applications
or orders
(1) The address at which the protected person resides must not be stated in an
application for an apprehended domestic violence order or
interim apprehended domestic violence order or an application under Part 13B
for the variation or revocation of a recognised non-local DVO or for a
declaration that a DVO is a recognised DVO unless- (a) where the
protected person is of or above the age of 16 years-the protected person
consents to the address being included in the application, or
(b) where the
application is made by a police officer-the police officer is satisfied that
the defendant knows the address.
(2) The address at which the
protected person resides, or intends to reside, must not be stated in an
apprehended domestic violence order or
interim apprehended domestic violence order or in a declaration under Part 13B
that a DVO is a recognised DVO unless the court or issuing officer is
satisfied that- (a) the defendant knows the address, or
(b) it is necessary
to state the address in order to achieve compliance with the order and the
personal safety of the protected person would not be seriously threatened, or
damage would not be likely to be caused to any property of the
protected person, by stating the address, or
(c) where the protected person
is of or above the age of 16 years-the protected person consents to the
address being stated in the order.
(3) A reference in this section to an
apprehended domestic violence order or
interim apprehended domestic violence order includes a reference to any other
order relating to such an order.
(4) In this section,
"court" includes a Registrar.
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