Victorian Current Acts

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 76

    (1)     The court may also make a final order against a person (an "additional respondent") if—

        (a)     a final order has been made against a respondent; and

        (b)     the court is satisfied, on the balance of probabilities, that—

              (i)     the additional respondent is an associate of the respondent; and

              (ii)     the additional respondent has subjected the protected person to behaviour that would be family violence if the additional respondent and the protected person were family members, and is likely to do so again.

    (2)     The court may also make a final order to protect a person (an "additional applicant") if—

        (a)     a final order has been made to protect a protected person; and

        (b)     the court is satisfied on the balance of probabilities that—

              (i)     the additional applicant is an associate of the protected person; and

              (ii)     the respondent has subjected the additional applicant to behaviour that would be family violence if the respondent and the additional applicant were family members, and is likely to do so again.

    (3)     To avoid doubt, it is declared that—

        (a)     an application for an associated final order may be heard with the application for the original final order; and

        (b)     this Act applies to an associated final order and an application for the order as if they were the original final order and the application for the original final order respectively; and

        (c)     the associated final order is not affected if the original final order is varied, extended, revoked or otherwise ends.

    (4)     An associated final order may be made     on the application of—

        (a)     an associate of the protected person for the original final order; or

        (b)     a person who, under section 45, would be entitled to make an application for a family violence intervention order for the associate if the associate were an affected family member.

    (5)     In this section—

"associated final order" means a final order made under this section;

"original final order" means a final order referred to in subsection (1)(a) or (2)(a).

S. 77 substituted by No. 19/2017 s. 10.