Victorian Current Acts Victorian Current ActsS. 74(1) amended by No. 53/2010 s. 203(1).
(1) The court may make a final order if the court is satisfied, on the balance of probabilities, that the respondent has committed family violence against the affected family member and is likely to continue to do so or do so again.
(2) A final order may be made for more than one affected family member if—
(a) the court is satisfied of the matters set out in subsection (1) in relation to each of the affected family members; or
(b) consent has been given, or the making of the order has not been opposed, in accordance with section 78 by—
(i) all the parties to the proceeding; and
(ii) if the application for the final order was brought with the consent of an affected family member's parent or guardian, that parent or guardian.
Note to s. 74(2) substituted as Notes by No. 19/2017 s. 9.
Notes
1 If the court makes a final order in relation to an affected family member, the court must make a final order to protect a child who has been subjected to family violence—see section 77.
2 If the court does not make a final order in relation to an affected family member, the court may, on its own initiative, make a final order to protect a child who is not an affected family member—see section 77B(1).
S. 74(3) inserted by No. 53/2010 s. 203(2).
(3) The court may make a final order whether or not—
(a) some or all of the family violence constituting grounds for making the order occurred outside Victoria, so long as the affected family member was in Victoria at the time at which the family violence occurred;
(b) the affected family member was outside Victoria at the time at which some or all of the family violence constituting grounds for making the order occurred, so long as that family violence occurred in Victoria.
S. 74A inserted by No. 53/2010 s. 212.