Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 107

Interim extension order

    (1)     If a person applies for an extension of a final order before the expiry of the order and the respondent has not yet been served with notice of the application, the court may, if it considers necessary, make an interim order in the absence of the respondent extending the final order (an  interim extension order ).

    (2)     An interim extension order expires 28 days after it is made, unless the respondent is earlier served with the notice of the application and a copy of the interim extension order.

    (3)     The court may make more than one interim extension order if it has not been possible to serve the respondent with notice of the application and a copy of the interim extension order.

    (4)     If, within 28 days of making the interim extension order, the respondent is served with notice of the application and a copy of the interim extension order, the interim extension order remains in force until—

        (a)     if the court extends the final order and the final order includes an order that the interim extension order continues until the final order is served on the respondent, when the final order is served on the respondent; or

        (b)     if the court extends the final order and the final order does not include an order about the interim extension order continuing as referred to in paragraph (a), at the time the final order is made; or

        (c)     if the court refuses to extend the final order in relation to the application, at the time of the court's refusal; or

        (d)     if the interim extension order is revoked by the court, at the time of the revocation; or

        (e)     if the application for the extension of the final order is withdrawn, at the time of the withdrawal.

Subdivision 3—Application to vary, revoke or extend family violence intervention order



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback