Victorian Current Acts

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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 104

Protection for children who have become family members since order made

If the court is satisfied, on the balance of probabilities that a child referred to in section 102(1)(b) has been subjected to family violence by the respondent and is likely again to be subjected to family violence, the court must—

        (a)     if the child's need for protection is substantially the same as that of the other protected person—

              (i)     vary the order to which the application under section 100 relates to include the child as a protected person; and

              (ii)     make any other variations to the order that the court considers appropriate; or

        (b)     otherwise, make a separate family violence intervention order under section 74 for the child as a protected person.



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