Domestic Violence Act 1995

16 Protection of persons other than applicant

(1)

Where the court makes a protection order, that order applies for the benefit of any child of the applicant’s family.

(1A)

A protection order continues to apply for the benefit of a child of the applicant’s family until—

(a)

the child ceases to be a child of the applicant’s family; or

(b)

the order sooner lapses or is discharged.

(1B)

If a child of the applicant’s family having attained the age of 17 years continues to ordinarily or periodically reside with the applicant (an adult child), a protection order continues to apply for the benefit of the adult child until—

(a)

the adult child ceases to ordinarily or periodically reside with the applicant; or

(b)

the order sooner lapses or is discharged.

(2)

Subject to subsection (3), where the court makes a protection order, it may direct that the order also apply for the benefit of a particular person with whom the applicant has a domestic relationship.

(3)

No direction may be made pursuant to subsection (2) in respect of a person unless the court is satisfied that—

(a)

the respondent is engaging, or has engaged, in behaviour that, if the respondent and the person were or, as the case may be, had been in a domestic relationship, would amount to domestic violence against the person; and

(b)

the respondent’s behaviour towards the person is due, in whole or in part, to the applicant’s domestic relationship with the person; and

(c)

the making of a direction under this section is necessary for the protection of the person; and

(d)

where practicable, the person consents to the direction being made.

(4)

Subsections (2) to (5) of section 14 apply, with the necessary modifications, in respect of an application for a direction pursuant to subsection (2) of this section.

(5)

If the applicant dies at any time after a protection order is made for the protection of the applicant, then, notwithstanding the death of the applicant, the order (if it has not sooner lapsed or been discharged) continues to apply for the benefit of—

(a)

a child who at the time of the applicant’s death was a child of the applicant’s family, until that child attains the age of 17 years; and

(b)

a person in respect of whom a direction has been made under subsection (2), until the order lapses or is discharged.

(6)

Subsections (1A), (1B), and (5) apply in respect of a protection order regardless of whether the protection order is made before or after the commencement of those subsections.

Section 16(1A): inserted, on 16 November 2011, by section 6(1) of the Domestic Violence Amendment Act 2011 (2011 No 58).

Section 16(1B): inserted, on 16 November 2011, by section 6(1) of the Domestic Violence Amendment Act 2011 (2011 No 58).

Section 16(5): inserted, on 16 November 2011, by section 6(2) of the Domestic Violence Amendment Act 2011 (2011 No 58).

Section 16(6): inserted, on 16 November 2011, by section 6(2) of the Domestic Violence Amendment Act 2011 (2011 No 58).