What would the court consider it necessary or desirable to make a domestic violence protection order?
In deciding whether a protection order is necessary or desirable to protect the aggrieved from domestic violence, the court:
(a) must consider the principles mentioned in section 4; and(b) may consider whether a voluntary intervention order has previously been made against the respondent and whether the respondent has complied with the order.
The principles mentioned in section 4 of Domestic and Family Violence Protection Act 2012 are:
(1) This Act is to be administered under the principle that the safety, protection and well-being of people who fear or experience domestic violence, including children, are paramount.
(a) Subject to subsection (1), this Act is also to be administered under the following principles:
(i) People who fear or experience domestic violence, including children, should be treated with respect and disruption to their lives minimised;
(ii) perpetrators of domestic violence should be held accountable for their use of violence and its impact on other people and, if possible, provided with an opportunity to change;
(iii) if people have characteristics that may make them particularly vulnerable to domestic violence, any response to domestic violence should take account of those characteristics;
(iv) In circumstances in which there are conflicting allegations of domestic violence or indications that both persons in a relationship are committing acts of violence, including for their self-protection, the person who is most in need of protection should be identified;
(v) A civil response under this Act should operate in conjunction with, not instead of, the criminal law.
(i) people who fear or experience domestic violence, including children, should be treated with respect and disruption to their lives minimised;
(ii) perpetrators of domestic violence should be held accountable for their use of violence and its impact on other people and, if possible, provided with an opportunity to change;
(iii) if people have characteristics that may make them particularly vulnerable to domestic violence, any response to the domestic violence should take account of those characteristics;
(iv) in circumstances in which there are conflicting allegations of domestic violence or indications that both persons in a relationship are committing acts of violence, including for their self-protection, the person who is most in need of protection should be identified;
(v) a civil response under this Act should operate in conjunction with, not instead of, the criminal law.