Domestic Violence Regulations (NT)

No judgment structure available for this case.

NORTHERN TERRITORY OF AUSTRALIA

DOMESTIC VIOLENCE REGULATIONS

As in force at 17 March 2004

Table of provisions [if supportFields]> TOC \o "1-9" <![endif] — Citation2 — Commencement3 — Reference to form3A — Service of applications4 — Declaration of service of document5 — Table of formsSchedule 1Schedule 2ENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

This reprint shows the Regulations as in force at 17 March 2004. Any amendments that commence after that date are not included.

DOMESTIC VIOLENCE REGULATIONS

Regulations under the Domestic Violence Act

1Citation

These Regulations may be cited as the Domestic Violence Regulations.

2Commencement

These Regulations shall come into operation on the commencement of the Domestic Violence Act 1992.

3Reference to form

A reference to a form by number is a reference to the form so numbered in Schedule 2.

3AService of applications

An application under the Act may be served on the defendant personally or by leaving a copy for the defendant at his or her last or most usual place of abode or of business with some other person who is apparently an inmate or employed at that place and who has apparently attained the age of 16 years.

4Declaration of service of document

Where a person serves a summons or order for the purposes of the Act, the person shall, as soon as practicable, complete a declaration of service in accordance with Form 1 and file it at the registry of the Court where the matter was or is to be dealt with.

5Table of forms

Forms 2 to 10 inclusive are to be used for the purposes of the Act by reference to and in accordance with the Table in Schedule 1.

Schedule 1

regulation 5

TABLE OF FORMS

Section of Act	Description of Form	Number of Form
4	Application for a restraining order	2
4	Order	3
4	Summons to defendant to show cause pursuant to section 4(5)	4
6	Application for order and order by telephone	5
8	Application to revoke or vary a restraining order	6
8	Order to revoke or vary a restraining order	3
8A	Application to vary a restraining order by telephone	6A
8B	Summons to defendant to show cause pursuant to section 8A or 8B	6B
11	Declaration pursuant to section 11(2)	7
18	Notice of registration of an external restraining order	8
18	Order to adapt or modify an external restraining order pursuant to section 18(2)	3
19C	Application for cancellation of registration of a registered New Zealand restraining order	9
19C	Order for cancellation of registration of a registered New Zealand restraining order	3A
20	Application for cancellation of registration or variation of a registered interstate restraining order	9
20	Order for variation of a registered interstate restraining order	3
20	Order for cancellation of registration a registered interstate restraining order	3A
20AA	Summons to appear/appear and produce documents	10
20AE	Unattested declaration of service	1

Schedule 2

regulations 4 and 5

FORM 1

regulation 4

NORTHERN TERRITORY OF AUSTRALIA

Domestic Violence Act

UNATTESTED DECLARATION OF SERVICE

I, ......................................................................................................................... Name

of ........................................................................................................................

Contact address

declare that I did

at .......................................................................................................................

Time

on .......................................................................................................................

Date

at .......................................................................................................................

Place

o serve the attached summons

o serve the attached order

o personally on the defendant:

I said: What is your name?

He/she* said:

o by leaving it for the defendant:

at the defendant’s:

o last known

o most usual

place of:

o residence

o business

with some other person apparently:

o resident

o employed

at that place and apparently not less than 16 years of age.

I said: What is your name?

He/she* said:

I said: Do you live/work* here?

He/she* said:

I said: How old are you?

He/she* said:

* Delete if inapplicable

o it was properly addressed and posted by AR Security Post to the defendant:

at the defendant’s:

•
last known
•
most usual

place of:

•
residence
•
business

o and the defendant has acknowledged receipt of the mail containing the order in accordance with postal procedures;

o its existence and terms were made known orally or in writing to the defendant by a member of the Police Force;

o it was served in such other manner as the Court or a Magistrate orders, namely:

.........................

Signed

FORM 2

NORTHERN TERRITORY OF AUSTRALIA

Domestic Violence Act

section 4

APPLICATION FOR RESTRAINING ORDER

APPLICANT:

+

DEFENDANT:

+

BASIS OF APPLICATION:

RESTRAINING ORDERS YOU WANT THE COURT OR THE CLERK (the Registrar of the Local Court) TO MAKE:

DETAILS OF CONDUCT OF PERSON TO BE RESTRAINED:

+ Insert name and address.

ORDERS IN FORCE NOW:

(1) Is there any order(s) in force between you/the person on whose behalf the application is made* and the person to be restrained?

(Here list the details of existing orders affecting the defendant and you that you know of: e.g. home detention orders, other restraining orders under this Act or orders under any other Act.

NOTE: In the case of any of the following matters under the Family Law Act 1975 of the Commonwealth, you need only list them if they require or authorise contact between a child and you or the defendant: contact orders (previously known as access orders), parenting plans, recovery of children orders, specific issues orders, injunctions under section 68B or 114 of that Act, undertakings accepted by the Family Court or recognisances entered into pursuant to an order under that Act.)

YES / NO (Delete whichever does not apply)

(2) If yes:

(a)
Attach a copy of the order(s) (if you can); or
(b)
If a copy of an order is not attached, give the following details:

Name of court which made the order:

Where is that court?

Date order was made:

What does the order say?

Signature

Date

Place

*Delete if inapplicable

NOTICE TO PARTIES

An application has been made asking the Court of Summary Jurisdiction or the Clerk to make a restraining order against the defendant.

THE APPLICATION WILL BE DEALT WITH:

by the Court of Summary Jurisdiction or the Clerk

at ........................................ in the Northern Territory on ................................... at ....................................... a.m./p.m.*

The defendant must attend the hearing at the court on the day set out above if he/she* wishes to defend the application.

IF THE DEFENDANT DOES NOT ATTEND AT COURT, the Court or the Clerk may make the orders set out in the application or other similar orders in his/her* absence.

A restraining order made in the Northern Territory may be registered and enforced, without notice to the defendant, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.

Clerk/Police Officer

Date

Place

*Delete if inapplicable

FORM 3

NORTHERN TERRITORY OF AUSTRALIA

sections 4, 8, 8B, 18 and 20

Domestic Violence Act

ORDER

Applicant:

+

Defendant:

+

Date of Application:

The Court/the Clerk* hereby orders:

Dated

……………..............................

Magistrate/Clerk of the Court*

This order shall, unless it is sooner revoked or varied, continue in force to and including the

day of 19

+ Insert name and address.

* Delete if inapplicable.

TAKE NOTICE that:

· Non-compliance with a restraining order renders the defendant liable to a term of imprisonment for not more than 6 months or to a fine of not more than $2,000 for a first offence; for a second or subsequent offence the defendant would be liable to a mandatory term of imprisonment for not less than 7 days or more than 6 months.

· A restraining order made or varied in the Northern Territory may be registered and enforced, without notice to the defendant, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.

* Fill in this part where the Clerk, with the consent of the defendant and the person making the application or on whose behalf the application is made, makes the order.

I, (defendant), consent to the above orders.

Signed .......................................................

Dated ........................................ 19....

I, (the person making the application or on whose behalf the application is made), consent to the above orders.

Signed .......................................................

Dated ........................................ 19....

*This part is not to be included unless the order is made by consent.

FORM 3A

NORTHERN TERRITORY OF AUSTRALIA

sections 19C and 20

Domestic Violence Act

ORDER FOR CANCELLATION OF REGISTRATION OF A REGISTERED *NEW ZEALAND / INTERSTATE* RESTRAINING ORDER

Applicant:

+

Defendant:

+

Date of Application:

The Court orders:

Dated

……………………………………………….

Magistrate

+ Insert name and address.

*Delete if inapplicable.

FORM 4

NORTHERN TERRITORY OF AUSTRALIA

Section 4(5)

Domestic Violence Act

SUMMONS TO A DEFENDANT TO SHOW CAUSE

PURSUANT TO SECTION 4(5)

TO:

(the defendant)

of

The attached application was made by

of

a member of the Police Force of the Northern Territory/a person who is in a domestic relationship with you or a person making an application on behalf of a person who is in a domestic relationship with you*

and on

a Court of Summary Jurisdiction or the Clerk (the Registrar of the Local Court) at

made the attached order in your absence.

You are summoned to appear at the Court of Summary Jurisdiction

at .................................... in the Northern Territory on ...................................... at .......... a.m./p.m.

to show cause why the attached order should not be confirmed.

Dated

at

in the Northern Territory.

.............................................................

Clerk of the Court/Justice of the Peace

TAKE NOTICE that if you do not appear the order may be confirmed.

· Non-compliance with the order renders you liable to a term of imprisonment for not more than 6 months or a fine of not more than $2,000 for a first offence; for a second or subsequent offence you would be liable for a mandatory term of imprisonment for not less than 7 days or more than 6 months.

· A restraining order made in the Northern Territory may be registered and enforced, without notice to you, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.

*Cross out whichever does not apply.

For the purposes of the Act, a person is in a domestic relationship with another person if he or she:

(a)
is or has been a relative of the other person (see section 3 of the Domestic Violence Act), including :
- (i)
  a spouse, including a spouse of the person according to Aboriginal tradition, a former spouse of the person, a de facto partner of the person and a former de facto partner of the person; or
- (ii)
  a relative according to Aboriginal tradition or contemporary social practice;
(b)
has or had the custody or guardianship of, or right of access to, the other person, or is or has been subject to the custody or guardianship of the other person or that other person has or has had a right of access to the person;
(c)
ordinarily or regularly resides or has resided with the other person, or with another relative, of the other person;
(d)
is or has been a relative of a child of the other person; or
(e)
has or has had a personal relationship with the other person.

FORM 5

NORTHERN TERRITORY OF AUSTRALIA

section 6

Domestic Violence Act

APPLICATION AND ORDER UNDER SECTION 6

I, ......................................................................................................................

a member of the Police Force of the Northern Territory, state that………………………………...............................................(the defendant)

of ....................................................................................................(address)

on the ................................................ day of .........................................19..,

at................................................................ in the Northern Territory, did (1)

o Assault or cause personal injury to, or damage to property in the possession of, …....................................................................................

of................................................(address)............................................,

being a person in a domestic relationship with the defendant (2), and in particular .................................................................................................

................................. and unless restrained is likely to again assault or cause personal injury or damage.

o Threaten to assault, to cause personal injury to, or to cause damage to property in the possession of,................................................................

of……………………..(address).............................................................,

being a person in a domestic relationship with the defendant (2),...........................................................................................and unless restrained is likely to again make such a threat or carry out the threat.

o Behave in a provocative or offensive manner (3) towards............................................ of.....(address)................................, being a person in a domestic relationship with the defendant (2), by ............................................................................................................., being behaviour that was likely to lead to a breach of the peace and unless restrained is likely to again behave in the same or a similar manner.

There are in existence the following orders under this Act, the Family Law Act 1975 of the Commonwealth (to the extent specified in note (4)) or another Act, affecting the defendant and the person for whose benefit the order is sought:

........................................................................................................................

....................................................................................................................(4)

Application made by telephone on the ......................................................day

of ...................................................................... 19...., at .................... o’clock

to......................................................................................................................

a Magistrate of the Northern Territory of Australia.

..............................................

Applicant to sign his/her copy

................................................

Magistrate to sign his/her copy

ORDER

I, .....................................................................................................................,

having heard an application under section 6(1) by a member of the Police Force of the Northern Territory of Australia, order that the defendant: (5)

o entering or remaining near the premises situated at ....................... until .............. o’clock on .........................or until such time as the Court further orders.

o assaulting or threatening to assault, or causing or threatening to cause personal injury to,............................of…...(address)...............................

o causing or threatening to cause damage to property in the possession of ............................. of……………..(address)........................................

o acting in a provocative or offensive manner (3) towards....................... of................................................. (address)..........................................

And I further order that:

o (other orders)…………………………......................................................

...............................................................................................................

(Here describe any other restraints or orders imposed)

The reasons for making the order are that on the hearing of the application I am satisfied that unless the order is so made the defendant will: (5)

o again assault or cause personal injury to................................................

or damage to property in the possession of.............................................

o again threaten, or carry out the threats that have been made against......................................................................................................

or the property of.....................................................................................

againbehaveinaprovocativeoroffensivemanner(3)towards
o ……........................................................................................................

(Here describe other reasons)

o ..........................................................................................................

..........................................................................................................

I further order that the order is returnable on the ............... day of .................................. 19...., at ............. a.m./p.m. at the Court of Summary Jurisdiction at ................................................................................................

in the Northern Territory of Australia to deal with the application, and be further dealt with according to law and to enable the defendant to be summoned to appear before the Court to show cause why this order should not be confirmed.

.....................................

Magistrate to sign his/her copy (6)

SUMMONS TO DEFENDANT

AND the defendant is summoned to appear at the above-mentioned time to be further dealt with according to law.

o Applicant informed of terms of order.

o Defendant informed of terms of order (including summons).

....................................................................................

Magistrate to tick as applicable

and sign his/her copy

...................................................................

Member of the Police Force to

tick as applicable and sign

his/her copy

NOTICE TO DEFENDANT: If you do not appear at the above-mentioned time and place, the order may be confirmed. If you do not comply with the order you could be found guilty of an offence punishable by 6 months imprisonment or a fine of $2,000 for a first offence; for a second offence or subsequent offence you would be liable to a mandatory term of imprisonment for not less than 7 days or more than 6 months.

A restraining order made in the Northern Territory may be registered and enforced, without notice to you, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.

NOTES:

(1) Tick and complete the applicable item. Only members of the Police Force can make applications under section 6.

(2) For the purposes of the Act, a person is in a domestic relationship with another person if he or she:

(a)
is or has been a relative of the other person (see section 3 of the Domestic Violence Act), including:
(i)
a spouse, including a spouse of the person according to Aboriginal tradition, a former spouse of the person, a de facto partner of the person and a former de facto partner of the person; or
(ii)
a relative according to Aboriginal tradition or contemporary social practice;
(b)
has or had the custody or guardianship of, or right of access to, the other person, or is or has been subject to the custody or guardianship of the other person or that other person has or has had a right of access to the person;
(c)
ordinarily or regularly resides or has resided with the other person, or with another relative, of the other person;
(d)
is or has been a relative of a child of the other person; or
(e)
has or has had a personal relationship with the other person.

(3) Provocative or offensive behaviour that is likely to lead to a breach of the peace includes, but is not limited to, behaviour that may cause another person to reasonably fear violence to or harassment of himself, herself or another.

(4) Here list the details of existing orders the defendant and the person for whose benefit the order is being sought that the person knows of, e.g. home detention orders, other restraining orders under this Act or orders under any other Act.

NOTE: In the case of any of the following matters under the Family Law Act 1975 of the Commonwealth, you need only list them if they require or authorise contact between a child and the person for whose benefit the order is being sought or the defendant: contact orders (previously known as access orders), parenting plans, recovery of children orders, specific issues orders, injunctions under section 68B or 114 of that Act, undertakings accepted by the Family Court or recognisances entered into pursuant to an order under that Act.

(5) Tick and complete the applicable item.

FORM 6

NORTHERN TERRITORY OF AUSTRALIA

section 8

Domestic Violence Act

APPLICATION TO VARY OR REVOKE RESTRAINING ORDER

APPLICANT:

+

DEFENDANT:

+

DETAILS OF ORDERS TO BE VARIED OR REVOKED:

Attach a copy of the order. (If you do not have a copy of the order, you may obtain one from the Court of Summary Jurisdiction.)

VARIATION/REVOCATION OF EXISTING ORDER:

(1) If you want to add a new order(s) to the existing order, write out the new order(s) you want added.

(2) If you want to omit an order(s) that is one of the existing orders, write out the order(s) you want omitted from the existing orders.

(3) If you want an existing order(s) changed, write out the order(s) as you want it to be.

(4) Do you want the existing order revoked? YES / NO

(Delete whichever does not apply)

REASONS FOR VARIATION OR REVOCATION:

Briefly, what are your reasons for wanting to vary or revoke the order?

Signed

Date

Place

+Insert name and address.

NOTICE TO PARTIES

An application has been made asking the Court of Summary Jurisdiction to make a restraining order against the defendant.

THE APPLICATION WILL BE DEALT WITH:

by the Court of Summary Jurisdiction

at .................................... in the Northern Territory on ...................................... at .......... a.m./p.m.

The defendant must attend the hearing at the court on the day set out above if he/she wishes to defend the application.

IF THE DEFENDANT DOES NOT ATTEND AT COURT, the court may make the orders set out in the application or other similar orders in his/ her absence.

A restraining order made or varied in the Northern Territory may be registered and enforced, without notice to the defendant, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.

Clerk/Police Officer*

Date

Place

*Delete if inapplicable

FORM 6A

NORTHERN TERRITORY OF AUSTRALIA

section 8A

Domestic Violence Act

APPLICATION AND VARIATION OF ORDER UNDER SECTION 8A

I, ................................................... a member of the Police Force of the Northern Territory (1), state that....................................(person on whose behalf application is made) of .............................(address), a person in a domestic relationship (2) with the person in relation to whom the order(s) specified below is made,on the....................... day of ........................19.., at............................ in the Northern Territory, did request me to seek a variation of the following order(s):

DETAILS OF ORDERS TO BE VARIED:

Attach a copy of the order. (If you do not have a copy of the order, you may obtain one from the Court of Summary Jurisdiction.)

VARIATION OF EXISTING ORDER:

(1)
If a new order is to be added to the existing order, write out the new order.
(2)
If an existing order is to be omitted, write out that order.
(3)
If an existing order is to be changed, write out the order as it should read.

(Delete whichever does not apply)

There are in existence the following orders under this Act, the Family Law Act 1975 of the Commonwealth (to the extent specified in note (3)) or another Act, affecting the defendant and the person for whose benefit the order is sought: (3)

REASONS FOR VARIATION:

Briefly, state the reasons the variation is sought.

Application made by telephone on the ................. day of ......................... 19...., at .......... o’clock to ................................................. a Magistrate of the Northern Territory of Australia.

..............................

Magistrate to sign his/her copy

..............................

Member of Police Force

to sign his/her copy

ORDER

I, ......................................................, having heard an application for a variation of an order under section 8A(1) by a member of the Police Force of the Northern Territory of Australia, vary the order as follows: (5)

The reasons for varying the order are that on the hearing of the application I am satisfied that:

I further order that this variation of an order is returnable on the ............... day of ................................. 19...., at ............. a.m./p.m. at the Court of Summary Jurisdiction at .......................................... in the Northern Territory of Australia to deal with the application, and be further dealt with according to law and to enable the defendant to be summoned to appear before the Court to show cause why this order should not be confirmed.

...............................

Magistrate to sign his/her copy

SUMMONS TO DEFENDANT

AND the defendant is summoned to appear at the above-mentioned time to be further dealt with according to law and to show cause why this variation of an order should not be confirmed.

o Applicant informed of terms of variation of order.

o Defendant informed of terms of variation of order (including summons).

.........................

Magistrate to tick

as applicable

and sign his/her copy

..........................

Member of the Police Force

to tick as applicable

and sign his/her copy

NOTICE TO DEFENDANT: If you do not appear at the above-mentioned time and place, the variation of the order may be confirmed. If you do not comply with the order as varied you could be found guilty of an offence punishable by 6 months imprisonment or a fine of $2,000 for a first offence; for a second or subsequent offence you would be liable to a mandatory term of imprisonment for not less than 7 days or more than 6 months.

A restraining order made or varied in the Northern Territory may be registered and enforced, without notice to you, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.

NOTES:

(1) Only members of the Police Force can make applications under section 8A.

(2) For the purposes of the Act, a person is in a domestic relationship with another person if he or she:

(a)
is or has been a relative of the other person (see section 3 of the Domestic Violence Act), including:
(i)
a spouse, including a spouse of the person according to Aboriginal tradition, a former spouse of the person, a de facto partner of the person and a former de facto partner of the person; or

(ii) a relative according to Aboriginal tradition or contemporary social practice;

(b)
has or had the custody or guardianship of, or right of access to, the other person, or is or has been subject to the custody or guardianship of the other person or that other person has or has had a right of access to the person;
(c) ordinarily or regularly resides or has resided with the other person, or with another relative, of the other person;
(d)
is or has been a relative of a child of the other person; or
(e)
has or has had a personal relationship with the other person.

(3) Here list the details of existing orders affecting the defendant and the person for whose benefit the order is being sought that the person knows of, e.g. home detention orders, other restraining orders under this Act or orders under any other Act.

NOTE: In the case of any of the following matters under the Family Law Act 1975 of the Commonwealth, you need only list them if they require or authorise contact between a child and the person for whose benefit the order is being sought or the defendant: contact orders (previously known as access orders), parenting plans, recovery of children orders, specific issues orders, injunctions under section 68B or 114 of that Act, undertakings accepted by the Family Court or recognisances entered into pursuant to an order under that Act.

FORM 6B

NORTHERN TERRITORY OF AUSTRALIA

sections 8A and 8B

Domestic Violence Act

SUMMONS TO A DEFENDANT TO SHOW CAUSE PURSUANT TO SECTION 8A OR 8B

TO:...................................................................................................................

(the defendant)

of......................................................................................................................

The attached application to vary the order in force in relation to you was made by......................................................................................................................

of........................................................................................................................

a member of the Police Force of the Northern Territory/a person who is in a domestic relationship with you/ or a person making an application on behalf of a person who is in a domestic relationship with you*

and on................................................................................................................

a Court of Summary Jurisdiction or the Clerk (the Registrar of the Local Court) at........................................................................................................................

made the variation of the order (as attached) in your absence.

You are summoned to appear at the Court of Summary Jurisdiction at ............................................ in the Northern Territory on ................................... at .......... a.m./p.m. to show cause why the attached variation of the order should not be confirmed.

Dated

at

in the Northern Territory.

.......................................

Clerk of the Court/Justice of the Peace

TAKE NOTICE that if you do not appear the variation of the order may be confirmed.

· Non-compliance with the order as varied renders you liable to a term of imprisonment for not more than 6 months or a fine of not more than $2,000 for a first offence; for a second or subsequent offence you would be liable for a mandatory term of imprisonment for not less than 7 days or more than 6 months.

· A restraining order made or varied in the Northern Territory may be registered and enforced, without notice to you, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.

*Cross out whichever does not apply.

NOTE:

For the purposes of the Act, a person is in a domestic relationship with another person if he or she:

(a)
is or has been a relative of the other person (see section 3 of the Domestic Violence Act), including:
- (i)
  a spouse, including a spouse of the person according to Aboriginal tradition, a former spouse of the person, a de facto partner of the person and a former de facto partner of the person; or
- (ii)
  a relative according to Aboriginal tradition or contemporary social practice;
(b)
has or had the custody or guardianship of, or right of access to, the other person, or is or has been subject to the custody or guardianship of the other person or that other person has or has had a right of access to the person;
(c) ordinarily or regularly resides or has resided with the other person, or with another relative, of the other person;
(d)
is or has been a relative of a child of the other person; or
(e)
has or has had a personal relationship with the other person.

FORM 7

NORTHERN TERRITORY OF AUSTRALIA

section 11

Domestic Violence Act

DECLARATION

DEFENDANT’S DETAILS:

I, +

of

declare that I have formed the opinion that an external restraining order is in force against the defendant in #

on the following grounds:

..........................................

Signature of Police Officer

Date

Place

+Insert name and address.

#Insert the name of the State or Territory or "New Zealand" as applicable.

FORM 8

NORTHERN TERRITORY OF AUSTRALIA

section 18

Domestic Violence Act

NOTICE OF REGISTRATION OF EXTERNAL RESTRAINING ORDER

DEFENDANT’S DETAILS:

(1)

TO: THE REGISTRAR (2)

ADDRESS:

AND TO: The Commissioner of Police

TAKE NOTICE THAT the attached order dated ................. 19.. was registered in the Court of Summary Jurisdiction in the Northern Territory

on

at

and was adapted and modified for its effective operation in the Territory in accordance with the order dated ............... 19.. attached hereto.

Clerk of the Court

Date

Place

NOTES:

(1) Name and address.

(2) Details of Court where the external restraining order was made.

FORM 9

sections 19C and 20

NORTHERN TERRITORY OF AUSTRALIA

Domestic Violence Act

APPLICATION FOR *CANCELLATION OF REGISTRATION OF A REGISTERED *NEW ZEALAND / INTERSTATE* RESTRAINING ORDER

*VARIATION OF A REGISTERED INTERSTATE RESTRAINING ORDER

APPLICANT:

+

DEFENDANT:

+

On

at

in #

the attached restraining order was made against the defendant.

TO THE COURT OF SUMMARY JURISDICTION

AT

*I request that registration of the attached registered *New Zealand restraining order / interstate restraining order* be cancelled.

*I request that the attached registered interstate restraining order be varied as follows:

……………………………………………

Signature of Applicant

Date

Place

+Insert name and address.

#Insert name of State or Territory or ‘New Zealand’ as applicable.

*Delete if inapplicable.

FORM 10

NORTHERN TERRITORY OF AUSTRALIA

section 20AA

Domestic Violence Act

SUMMONS TO A PERSON TO APPEAR OR TO APPEAR AND PRODUCE DOCUMENTS

TO:........................................

(the person to be summoned)

of.................................................................. (address) .............................

WHEREAS..................... an application has been made by or on behalf of (name of person by whom or on whose behalf an application was made) of (address of person for whom application made) alleging that the defendant (name of defendant) did (brief description of allegations against defendant).....................................................................................................................................................................................................................................

and it appears to the Court of Summary Jurisdiction at ....................... in the Northern Territory that you are*:

(a)
capable of furnishing information or giving evidence relevant to the application;
(b)
capable of producing the following documents relevant to the application:
[ briefly describe the documents sought ]

YOU are summoned to appear at/ appear and produce those documents to* the Court of Summary Jurisdiction at ..............................................in the Northern Territory on........................................................ at .......... a.m./p.m.

Dated

at

in the Northern Territory.

...............................................................

Magistrate /Clerk/ Justices of the Peace

NOTE: If you fail to comply with this summons without reasonable excuse you could be liable to a fine of $2,000.

* Cross out whichever does not apply.

ENDNOTES

1
KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

2
LIST OF LEGISLATION

Domestic Violence Regulations (SL No. 51, 1993)
Notified	22 December 1993
Commenced	1 January 1994 (r 2, s 2 Domestic Violence Act 1992 (Act No. 67, 1992) and Gaz G51, 22 December 1993, p 3)
Amendments of Domestic Violence Regulations (SL No. 11, 1995)
Notified	12 April 1995
Commenced	12 April 1995
Amendments of Domestic Violence Regulations (SL No. 13, 1995)
Notified	28 April 1995
Commenced	1 May 1995 (r 2, s 2 Domestic Violence Amendment Act 1994 (Act No. 60, 1994) and Gaz S17, 28 April 1995)
Amendments of Domestic Violence Regulations (SL No. 60, 1996)
Notified	19 December 1996
Commenced	1 January 1997 (r 2, s 2 Domestic Violence Amendment Act 1996 (Act No. 57, 1996) and Gaz S39, 19 December 1996)
Amendments of Domestic Violence Regulations (SL No. 30, 1999)
Notified	31 October 1999
Commenced	13 October 1999 (r 2, s 2 Domestic Violence Amendment Act 1999 (Act No. 40, 1999) and Gaz G40, 13 October 1999, p 2)
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date	7 January 2004
Commenced	17 March 2004 (Gaz G11, 17 March 2004, p 8)

3
LIST OF AMENDMENTS

r 3A ins No. 11, 1995, r 1

r 4 amd No. 11, 1995, r 2

r 5 amd No. 13, 1995, r 3

sch 1 amd No. 13, 1995, r 4; No. 60, 1996, r 3; No. 30, 1999, r 3

sch 2 amd No. 13, 1995, r 5; No. 60, 1996, r 4; No. 30, 1999, r 4; Act No. 1, 2004, s 63

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Domestic Violence Regulations (NT)

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