Victorian Current Acts

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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 60F

Interim order to protect child if interim order made under section 60B or 60C

    (1)     This section applies if—

        (a)     the court makes an interim order under section 60B or 60C in relation to a family member of the accused; and

        (b)     the court is satisfied, on the balance of probabilities, that a child has been subjected to family violence committed by the accused.

    (2)     Subject to subsection (3), the court must—

        (a)     if the child's need for protection is substantially the same as that of the family member to be protected by the interim order, include the child in the interim order as a protected person; or

        (b)     in any other case, make a separate interim order for the child as a protected person.

    (3)     The court is not required to include the child in the interim order or to make a separate interim order to protect the child if the court is satisfied that it is not necessary to do so to protect the child or ensure the safety of the child pending a decision about a final order.

S. 60G inserted by No. 33/2018 s. 22.



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