Victorian Current Acts

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 100

    (1)     The court may order the variation or revocation of a family violence intervention order on—

        (a)     an application under this Division; or

S. 100(1)(b) amended by No. 18/2010 s. 25, substituted by No. 19/2017 s. 12.

        (b)     in the case of an interim order made under section 53AB or a final order made under section 77B, its own initiative.

Note

See also section 173 which provides that the Children's Court may vary or revoke a family violence intervention order if it is hearing a child protection order.

    (2)     In deciding whether to make an order under subsection (1), the court must have regard to all the circumstances of the case and, in particular, the following—

        (a)     the applicant's reasons for seeking the variation or revocation;

        (b)     the safety of the protected person;

        (c)     the protected person's views about the variation or revocation;

        (d)     whether or not the protected person is legally represented;

        (e)     if the protected person has a guardian, the guardian's views.

    (3)     If the court decides not to grant an application for the revocation of a family violence intervention order, the court may instead order the variation of the family violence intervention order in the way the court considers appropriate.