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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 79B
Apprehended domestic violence orders may be of indefinite duration
(1) A court, when determining the period of an
apprehended domestic violence order under section 79A, may determine that the
order remain in force for an indefinite period (an
"indefinite order" ) if the court is satisfied that-- (a) the applicant has
sought an indefinite order, and
(b) the order relates to a defendant who was
18 years of age or older when the application for the order was first made,
and
(c) there are circumstances giving rise to a significant and ongoing risk
of death or serious physical or psychological harm to the protected person or
any dependants of the protected person, and
(d) that risk cannot be
adequately mitigated by an order of limited duration.
(2) In determining
whether there are circumstances giving rise to a significant and ongoing risk
of death or serious physical or psychological harm to the protected person or
any dependants of the protected person, the court must have regard to-- (a)
any prior conviction of the defendant for a domestic violence offence,
including for a contravention of any other apprehended domestic violence order
in relation to the protected person or any other person who was the
protected person under that order, and
(b) the conduct of the defendant in
respect of the protected person that is relevant to the risk of death or
serious physical or psychological harm, such as assaults, stalking, threats to
kill or use of weapons, and
(c) the nature, number and timing of the
incidents involved in the conduct referred to in paragraphs (a) and (b).
(3)
If a court makes an indefinite order, the order remains in force until varied,
revoked or set aside on appeal.
(4) A person against whom an indefinite order
is made may make an application for the variation or revocation of the order
only by leave of the court.
(5) The court may grant leave to make an
application referred to in subsection (4) only if the court is satisfied
that-- (a) there has been a significant change in circumstances since the
relevant order was made or last varied, or
(b) it is otherwise in the
interests of justice.
(6) Subsections (4) and (5) do not apply in respect of
a police-initiated order where the protected person, or 1 of the
protected persons, is a child and leave must instead be sought under
section 72B.
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