Domestic Violence Act 2018

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PART 2

Court Proceedings

Factors or circumstances to which court shall have regard in determining applications for specified orders

5. (1) Nothing in subsection (2) shall be construed as limiting the power of a court to make a specified order under this Act.

(2) In determining an application for a specified order, the court shall have regard to all the factors or circumstances that it considers may have a bearing on the application including where relevant:

(a) any history of violence inflicted by the respondent on the applicant or a dependent person;

(b) any conviction of the respondent for an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 that involves loss to, or is to the prejudice of, the applicant or a dependent person;

(c) any conviction of the respondent for an offence that involves violence or the threat of violence to any person;

(d) whether any violence inflicted by the respondent on the applicant or a dependent person is increasing, or has increased, in severity or frequency over time;

(e) any exposure of any dependent person to violence inflicted by the respondent on the applicant or any other dependent person;

(f) any previous order under this Act or the Act of 1996 made against the respondent with regard to any person;

(g) any history of animal cruelty by the respondent;

(h) any destruction or damage caused by the respondent to—

(i) the personal property of the applicant, the respondent or a dependent person, or

(ii) any place where the applicant or a dependent person resides;

(i) any action of the respondent, not being a criminal offence, which puts the applicant or a dependent person in fear for his or her own safety or welfare;

(j) any recent separation between the applicant and the respondent;

(k) substance abuse, including abuse of alcohol, by the respondent, the applicant or a dependent person;

(l) access to weapons by the respondent, the applicant or a dependent person;

(m) the applicant’s perception of the risk to his or her own safety or welfare due to the behaviour of the respondent;

(n) the age and state of health (including pregnancy) of the applicant or any dependent person;

(o) any evidence of deterioration in the physical, psychological or emotional welfare of the applicant or a dependent person which is caused directly by fear of the behaviour of the respondent;

(p) whether the applicant is economically dependent on the respondent;

(q) any matter required to be considered by the court under, and in accordance with, subsections (2) and (3) of section 29 ;

(r) any other matter which appears to the court to be relevant to the safety or welfare of the applicant and any dependent person.