Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 43

43 .         Making final order

        (1)         Subject to section 42, at a final order hearing a court may make a final order of the type, and with the terms, the court considers appropriate.

        (1a)         Without limiting subsection (1), at a final order hearing, a court —

            (a)         may, subject to Part 2, make a final order for a VRO even if the application was for an MRO;

            (b)         may, subject to Part 3, make a final order for an MRO —

                  (i)         even if the application was for a VRO; and

                  (ii)         even if an interim order is in force.

        (2)         If, at a final order for a VRO or MRO hearing, the respondent consents to a final order for a VRO or MRO being made, the court may make the order by consent without being satisfied there are grounds for making the order.

        (3)         If a respondent consents to a final order for a VRO or MRO being made, the consent does not constitute an admission by the respondent of all or any of the matters alleged in the application.

        (4)         Nothing in this section affects the power of the court to make a conduct agreement order at a final order hearing.

        [Section 43 amended: No. 38 of 2004 s. 24; No. 5 of 2008 s. 96; No. 49 of 2016 s. 48.]