New South Wales Consolidated Acts

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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 39

Apprehended violence order must be made on guilty plea or guilt finding for certain offences

39 Apprehended violence order must be made on guilty plea or guilt finding for certain offences

(1) If a person pleads guilty to, or is found guilty of, an offence against section 13 or a domestic violence offence (other than murder or manslaughter), the court hearing the proceedings must make an apprehended violence order for the protection of the person against whom the offence was committed whether or not an application for such an order had been made.
(2) However, the court need not make an apprehended violence order if it is satisfied that it is not required (for example, because an apprehended violence order has already been made against the person).
(3) A reference in this section to a court extends to the District Court when exercising jurisdiction apart from under section 91.



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