Victorian Current Acts

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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 53A

Interim family violence intervention order where existing personal safety intervention order

    (1)     The court must not make an interim order if there is an existing personal safety intervention order for which—

        (a)     the affected family member is a protected person and the respondent is a respondent; or

        (b)     the respondent is a protected person and the affected family member is a respondent.

    (2)     Despite subsection (1), the court may make an interim order if there is an existing interim personal safety intervention order for which the affected family member is a respondent and the respondent is a protected person.

Example

B is an affected family member for an application for a family violence intervention order against A. However, A is already a protected person under an interim personal safety intervention order, and B is a respondent for that order. The court could still make an interim order to protect B from A.

    (3)     In this section, interim personal safety intervention order means an interim order within the meaning of the Personal Safety Intervention Orders Act 2010 .



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