AustLII Tasmanian Numbered Acts

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RESTRAINT ORDERS ACT 2019 (NO. 47 OF 2019) - SECT 5

Application for restraint order

(1)  An application for a restraint order may be made to the Court –
(a) by a police officer; or
(b) by a person against whom, or against whose property, the behaviour that forms the subject matter of the application was directed or, where that person is a child, a parent or guardian of that child; or
(c) by a person granted leave under subsection (2) .
(2)  A person, other than a police officer or person referred to in subsection (1)(b) , may apply to the Court for leave to make an application for a restraint order.
(3)  An application under subsection (2) for leave to make an application for a restraint order may be made in the absence of the respondent to the application.
(4)  An application under subsection (1) or (2) is made by filing the application in a district registry.
(5)  An application for a restraint order must include information of any relevant Family Court order, or of any pending application for a relevant Family Court order, of which the applicant is aware.
(6)  In subsection (5) , a reference to an application for a relevant Family Court order includes a reference to any family dispute resolution process or other process undertaken under Part VII of the Family Law Act 1975 of the Commonwealth to facilitate the making of a relevant Family Court order.



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