Introduction

11.1 This chapter considers the interaction between protection orders obtained under family violence laws and the criminal law. The first section of this chapter discusses issues that arise when there are concurrent proceedings under family violence laws and the criminal law, including issues concerning liability and the use of evidence.[1] In particular, the discussion focuses on the powers of courts to make protection orders under family violence laws in the course of criminal proceedings.

11.2 The second section of this chapter addresses the potential for conditions in protection orders to overlap with: general prohibitions or requirements imposed by the criminal law; pre-sentencing orders; and orders made on sentencing. Particular attention is given to interaction issues that may arise following the imposition of exclusion orders and rehabilitation orders.

[1] The interaction of bail and protection orders under family violence laws is discussed in Ch 10.