Victorian Repealed Regulations Victorian Repealed RegulationsThis legislation has been repealed.
FORM 1 Form 1 Sections 7, 9 Complaint and Summons for an Intervention Order Court Ref. Date of Hearing / / Who makes the Complaint? (Complainant) Address Postcode: Phone: The complainant o is a member of the Police Force o is the aggrieved family member o is a parent of the aggrieved family member who is a child o has the written consent of the aggrieved family member, (if over 17) or, if the aggrieved family member is a child under 17, with the written consent of the parent of the child o is a guardian appointed under the Guardianship and Administration Act 1986 o is a person who seeks to make the complaint with the leave of the Court If the complainant is either- (a) a child aged 14 or older (but less than 17); or (b) a person who is not a parent of an aggrieved family member who is a child and who does not have the written consent of a parent of the child; or (c) a person other than the guardian appointed under the Guardianship and Administration Act 1986 if an appointment has been made- the leave of the Court to make the complaint is required. Do you require the leave of the Court? o Yes o No Who is the complaint against o Male o Female Address Postcode: Date of Birth / / The Complaint State briefly why an Intervention Order is needed. Give a brief outline of each incident including the date and place where it happened. Who needs the Order? (Aggrieved Family Member) o Male o Female Relationship to the defendant Date of Birth / / Do you need an interpreter? o No o Yes-What language (If the Complaint is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member) Have you applied for, or received a Court Order under the- Family Law Act of the Commonwealth? o No o Yes-write details below Crimes (Family Violence) Act 1987? o No o Yes-write details below Please give the date the Order or Application was made, the type of Order or Application and the name of the court. What sort of Intervention Order do you want? State precisely the terms of the Order sought. What things does the defendant do that you want stopped and how do you want the Court to help you prevent them from happening? Number each one. Complainant's signature(s) Date / / To the defendant WARNING: If you do not come to Court, the Court may hear the case without you or adjourn the case and issue a warrant for your arrest. Where you must go Magistrates' Court Address Phone When Time Day Month Year This Complaint was made to me, the Registrar of the Magistrates' Court at: Registrar's signature Registrar of the Magistrates' Court Date / / __________________ FORM 2 Form 2 Sections 9, 10 Complaint and Warrant for an Intervention Order Court Ref. Who makes the Complaint? (Complainant) Address Postcode: Phone: The complainant o is a member of the Police Force o is the aggrieved family member o is a parent of the aggrieved family member who is a child o has the written consent of the aggrieved family member, (if over 17) or, if the aggrieved family member is a child under 17, with the written consent of the parent of the child o is a guardian appointed under the Guardianship and Administration Act 1986 o is a person who seeks to make the complaint with the leave of the Court If the complainant is either- (a) a child aged 14 or older (but less than 17); or (b) a person who is not a parent of an aggrieved family member who is a child and who does not have the written consent of a parent of the child; or (c) a person other than the guardian appointed under the Guardianship and Administration Act 1986 if an appointment has been made- the leave of the Court to make the complaint is required. Do you require the leave of the Court? o Yes o No Who is the complaint against o Male o Female Address Postcode: Date of Birth / / The Complaint State briefly why an Intervention Order is needed. Give a brief outline of each incident including the date place and where it happened. Who needs the Order? (Aggrieved Family Member) o Male o Female Relationship to the defendant Date of Birth / / Do you need an interpreter? o No o Yes-What language (If the Complaint is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member) Have you applied for, or received a Court Order under the- Family Law Act of the Commonwealth? o No o Yes-write details below Crimes (Family Violence) Act 1987? o No o Yes-write details below Please give the date the Order or Application was made, the type of Order or Application and the name of the Court. Form 2 What sort of Intervention Order do you want? State precisely the terms of the Order sought. What things does the defendant do that you want stopped and how do you want the Court to help you prevent them from happening? Number each one. Complainant's signature Date / / Warrant to Arrest To all Members of the Victoria Police Force- This Complaint was sworn before me, the *Magistrate/*Registrar of the Magistrates' Court at I therefore authorise you to enter and search by day or by night- * any dwelling house, * tenement, * ship or other place whatsoever, where the defendant is suspected to be and you are authorised to use all necessary force for the purpose and if necessary break any outer door or window. You are further authorised to arrest the defendant and immediately take * him * her before a * Bail Justice or * the Magistrates' Court at to answer the complaint. Issued at the Magistrates' Court at On / / Issued by *Magistrates'/*Registrar's signature *Magistrate/*Registrar *Delete if inapplicable __________________ FORM 3 Sections 7, 16 Consent Court Ref. Name Address [ ] an aggrieved family member [ ] the parent of a child who is an aggrieved family member Name authorise Name Address the person making the complaint to- [ ] make a complaint for an Intervention Order [ ] apply to revoke, vary or extend an Intervention Order made against the defendant on / / by the Magistrates' Court Who is the complaint against? (defendant) Signature of person giving consent Date / / Signature of witness Date / / __________________ FORM 4 Form 4 Section 16 Application to revoke, vary or extend an Intervention Order Court Ref. The Magistrates' Court at on / / *heard a Complaint and made an Intervention Order *registered an order made at on / / The original Complaint Who made the complaint? (Complainant) Address Who needed the Order? (Aggrieved Family Member) (If the Complaint is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member) Who was the complaint against? (Defendant) This application is to be served on: Respondent Name: Respondent Address: (If the application is for more than one respondent set out the name and particulars of each such respondent) The Court ordered the defendant to This Order will last until / / Who is making the application? (Applicant) My full name is Address The application Form 4 I am applying to the Court to have the order: o revoked o extended for days weeks months o varied in the following way: My reasons for wanting the order changed are: Signature of applicant Date / / Where will the application be heard? Magistrates' Court Address Phone When Time Day Month Year WARNING: If you do not come to Court the case may be heard without you. Signature Registrar of the Magistrates' Court. Date / / *Delete if inapplicable __________________ FORM 5 Section 4 Intervention Order Court Ref. Defendant's name M F Date of Birth Address / / Postcode PRN On / / at the Magistrates' Court at a Court Order was made against you. You [ ] were [ ] were not at Court. WARNING: If you do not obey this Order you may be arrested and charged with a criminal offence. Complainant Aggrieved Family Member (If the Order is for more than one aggrieved family member set out the name and particulars of each such aggrieved family member) The court ordered that This Order will last until / / [ ] This is an Interim Intervention Order This Order [ ] revokes [ ] extends [ ] varies the Order made by the Court on / / To the Victoria Police Force [ ] The defendant was not served with a copy of the Complaint and Summons [ ] The defendant was served with a copy of the Complaint and Summons [ ] The defendant agreed to this Order being made. Magistrate __________________ FORM 6 Rule 11(1) APPLICATION TO EXTEND THE PERIOD OF DIRECTION OR DETENTION OF A DIRECTED PERSON (Section 8AH of the Crimes (Family Violence) Act 1987) Court Ref: Name of applicant: [name and number of member of the police force]: Name of directed person/*directed person who has been detained: Date of birth: Sex: Location of directed person/*directed person who has been detained: Name(s) of aggrieved family member(s): I [name and number of member of the police force] being a member of the police force am currently stationed at the [name of police station]. I consider that it is necessary that the direction/*detention of [name of directed person] under Division 2 of Part 2 of the Act should exceed 6 hours and I apply to the Court for an order extending the maximum period of the direction/*detention. *The direction was given by- *me or *[name and number of police officer if the applicant did not give the direction] to the directed person at [time] on [date] at [place]. *The directed person refused/*failed to comply with the direction and was apprehended and detained at [time] on [date] at [location]. *I have made/*intend to make a complaint for an intervention order or *I believe that the member who gave the direction has made/*intends to make a complaint for an intervention order I am making this application at a.m./*p.m. on [date] which is within 6 hours after the direction was given to the directed person. At the time of making this application, the directed person has been subject to the direction/*detention for [number] hours and [number] minutes. I apply for an order to extend the period of the direction/*detention until a.m./*p.m. on [date] (resulting in a total of not more than 10 hours after the direction was given to the directed person) The grounds for my application are- [set out grounds] Dated: Signature of applicant: *Delete if inapplicable __________________ FORM 7 Rule 11(2) ORDER FOR EXTENSION OF PERIOD OF DIRECTION OR DETENTION OF A DIRECTED PERSON (Section 8AH of the Crimes (Family Violence) Act 1987) Court Ref: Name of applicant: [a member of the police force] Name of directed person/*directed person who has been detained: Date of birth: Sex: Name(s) of aggrieved family member(s): ON the application of a member of the police force to the Magistrates' Court at [venue], I order that the period of direction/*detention be extended until a.m./*p.m. on [date] (being a total period of direction or detention not exceeding 10 hours after the direction was given to the directed person). The terms (if any) of this Order are: [set out any relevant terms] The further hearing of the complaint for an intervention order will be heard at the Magistrates' Court at [venue of the Court]. Magistrate: This Order is made at a.m./*p.m. on [date]. Dated: 26 July 2000 MICHAEL ANTHONY ADAMS QC, Chief Magistrate JELENA POPOVIC, Deputy Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate ---------------
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