Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 10E

10E .         FVRO may be made for child in circumstances of family violence

        (1)         An FVRO may be made for the benefit of a child if the court is satisfied that —

            (a)         the child has been exposed to family violence committed by or against a person with whom the child is in a family relationship and the child is likely again to be exposed to such violence; or

            (b)         the applicant, the child or a person with whom the child is in a family relationship has reasonable grounds to apprehend that the child will be exposed to family violence committed by or against a person with whom the child is in a family relationship.

        (2)         If the court is satisfied in accordance with subsection (1), the court must make the order unless there are special circumstances that would make the order inappropriate.

        (3)         For the purposes of subsection (2), special circumstances do not exist simply because the applicant or respondent can apply, or has applied, for a particular family order.

        [Section 10E inserted: No. 49 of 2016 s. 14.]