FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 53 Court may make interim order

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 53

    (1)     The court may make an interim order if—

        (a)     a person has applied to the court for a family violence intervention order and the court is satisfied, on the balance of probabilities, that an interim order is necessary pending a final decision about the application—

              (i)     to ensure the safety of the affected family member; or

              (ii)     to preserve any property of the affected family member; or

S. 53(1)(a)(iii) amended by No. 18/2010 s. 18(1), substituted by No. 19/2017 s. 6(1).

              (iii)     to protect an affected family member who is a child who has been subjected to family violence committed by the respondent; or

        (b)     a person has applied to the court for a family violence intervention order and the parties to the proceeding have consented to, or do not oppose, the making of an interim order for the application; or

        (c)     a family violence safety notice has been issued for an affected family member and the court is satisfied, on the balance of probabilities, there are no circumstances that would justify discontinuing the protection of the person until a final decision about the application.

Note to s. 53(1) amended by No. 53/2010 s. 200(1).

Note

See Division 5 which provides for the inclusion of conditions in a family violence intervention order, including an interim order. See also Division 5 which provides for the inclusion of conditions suspending a firearms authority, weapons approval or weapons exemption in the case of an interim order and cancelling a firearms authority, weapons approval or weapons exemption in the case of a final order.

S. 53(1A)(1B) inserted by No. 18/2010 s. 18(2), repealed by No. 19/2017 s. 6(2).

    *     *     *     *     *

S. 53(1C) inserted by No. 18/2010 s. 18(2).

    (1C)     The court may make an order under subsection (1)(b)—

        (a)     without being satisfied as to any matter referred to in subsection (1)(a) or (1)(c); and

        (b)         whether or not the respondent admits to any or all of the particulars of the application.

    (2)     In deciding whether to make an interim order the court is not to take into account whether or not the respondent is or has been the subject of a direction, or detained, under Division 1 of Part 3.

S. 53(3) inserted by No. 53/2010 s. 200(2).

    (3)     The court may make an interim order whether or not—

        (a)     some or all of the alleged family violence occurred outside Victoria, so long as the affected family member was in Victoria at the time at which that alleged family violence occurred;

        (b)             the affected family member was outside Victoria at the time at which some or all of the family violence alleged in the application for the family violence intervention order occurred, so long as that alleged family violence occurred in Victoria.

S. 53(4) inserted by No. 33/2018 s. 108.

    (4)     The court may make an interim order at any time after the making of an application for a family violence intervention order and before the final decision about the application is made, and may do so whether or not the court has previously made or refused to make an interim order.

S. 53AA inserted by No. 19/2017 s. 7.