Property

A protection order may provide that a party is excluded from a named residence or that the party is entitled to limited access to the residence to recover specified items of personal property, or may otherwise impose conditions about the parties’ property. In some cases, these conditions may be inconsistent with the terms of an existing property order made under the Family Law Act, or may be sought to be relied upon in support of a claim for ownership or possession of particular property in future property proceedings under the Family Law Act.

When determining the appropriate conditions of a protection order, a judicial officer should where possible inquire as to the existence and substance of any property orders made or pending under the Family Law Act. In making the protection order, the judicial officer should consider whether it is appropriate to expressly state in the order that the conditions do not alter or affect the parties’ ownership rights to any property and are subject to the terms of any property order made under the Family Law Act.