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RESTRAINING ORDERS ACT 1997 - SECT 16A

16A .         Duration of FVRO

        (1)         In this section —

        prisoner means a person committed to prison for punishment, or on remand, or for trial, safe custody, or otherwise.

        (2)         Unless varied or cancelled under Part 5, a final order that is an FVRO made against a respondent who is not a prisoner remains in force for —

            (a)         in the case of an order made at a final order hearing or under section 10H

                  (i)         the period (of whatever duration) specified in the order from the date on which the final order came into force; or

                  (ii)         if no period is specified, 2 years from the date on which the final order came into force;

                and

            (b)         in the case of a telephone order which became a final order under section 323 months from when the telephone order came into force or such shorter period as is specified in that order; and

            (c)         in the case of any other interim order which becomes a final order under section 32

                  (i)         the period (of whatever duration) specified in it from the date on which the interim order came into force; or

                  (ii)         if no period is specified, 2 years from the date on which the interim order came into force.

        (3)         Unless varied or cancelled under Part 5, a final order that is an FVRO made against a respondent who is a prisoner at the time of service of the order remains in force from the date on which the final order comes into force for a period of —

            (a)         in the case of an order made at a final order hearing or under section 10H, or any interim order which becomes a final order under section 322 years, or such longer period as is specified in that order, from when the respondent is released from prison; and

            (b)         in the case of a telephone order which became a final order under section 323 months, or such shorter period as is specified in that order, from when the respondent is released from prison.

        [(4)         deleted]

        (5)         In specifying a period for which an FVRO remains in force, the court must have regard to the following —

            (a)         that the safety of the person protected is paramount;

            (b)         any assessment by the applicant or person protected of the risk of family violence being committed by the respondent.

        (6)         In specifying a period for which an FVRO remains in force, the court may also take into account any matters raised by the respondent that are relevant to the duration of the order.

        (7)         Nothing in this section affects the operation of section 50A.

        [Section 16A inserted: No. 49 of 2016 s. 26; amended: No. 30 of 2020 s. 60.]



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