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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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