New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 79A

79A Duration of apprehended domestic violence orders

(1) An apprehended domestic violence order remains in force for--

(a) the period specified in the order by the court, or

(b) if the court fails to specify a period in the order, the default period.

(2) The period specified is to be as long as is necessary, in the opinion of the court, to ensure the safety and protection of the protected person.

(3) In forming the opinion, the court is to consider the following matters--

(a) the circumstances of the protected person and that person's views,

(b) the circumstances of the defendant and, if the defendant was under 18 years of age when the application for the order was first made, the impact of the order if the duration of the order were to be more than the default period,

(c) any material that the court relied on under sections 16 and 17 in deciding to make an apprehended domestic violence order,

(d) any other matter that the court considers to be relevant.

Note : Section 9(4) requires the court to be guided by the objects referred to in section 9 when exercising a power in relation to domestic violence. Section 9(3)(d) may be of particular relevance when determining the appropriate duration for an apprehended domestic violence order.

(4) The court may form the opinion at the same time that it decides to make the order under Part 4.

(5) This section is subject to sections 39 and 73.

(6) In this section--

"default period" means--

(a) if the order relates to a defendant who was under 18 years of age when the application for the order was first made--1 year after the date the order is made, or

(b) in any other case--2 years after the date the order is made.