Victorian Current Acts

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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 150

Restriction on presence of children

S. 150(1) amended by No. 42/2014 s. 121.

    (1)     A child must not be present during a proceeding under this Act or during a litigation restraint order proceeding if the child is—

        (a)     the affected family member or protected person for the proceeding; or

        (b)     a family member of the respondent or the affected family member or protected person in the proceeding; or

        (c)             in relation to a proceeding for an offence against this Act,     the victim in relation to the alleged offence or the child of the alleged victim.    

    (2)     Subsection (1) does not apply if—

S. 150(2)(a) amended by No. 68/2009 s. 97(Sch. item 57.4).

        (a)     the child is the respondent or accused for the proceeding; or

        (b)     the court makes an order allowing the child to be present.

    (3)     Before making an order under subsection (2)(b), the court must consider—

        (a)     the desirability of protecting children from unnecessary exposure to the court system; and

        (b)     the harm that could occur to the child and family relationships if the child is present while the court is conducting the proceeding.



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