50 Magistrate or registrar may issue warrant on certain applications for family violence intervention orders 59 51 Application on oath, by affidavit or certified if warrant to issue 60 52 Bail on appearance on arrest 60 Division 2—Interim orders 61 52A Court to consider any children before deciding on interim order 61 53 may make interim order 61 53AA Court must make interim order for a child if court makes interim order for affected family member 63 53AB Interim protection of on court's own order not made for affected family member 64 53A Interim family violence intervention order where existing personal safety intervention order 65 54 Interim may be made in absence of respondent etc. 65 55 Evidentiary requirements for making interim orders 66 56 Interim may apply to more than one affected family member 66 57 Explanation of interim order 67 57A Explanation of interim order—child respondents 69 58 Interim order made on electronic application 70 59 Hearing to be listed for decision about final order as soon as practicable 71 60 Expiry of interim order 71 Division 3—Proceedings for family violence intervention orders 72 61 Mention date 72 62 Legal representation of a child who is not applicant or respondent 73 63 Hearing may relate to more than one application 73 64 Affected family member to be heard separately if application made by guardian 74 65 Evidence 74 66 Evidence may be by affidavit or sworn statement 75 67 Evidence given by children 76 67A Court may issue warrant to arrest for witness who fails to appear 76 68 may close proceeding to public 77 69 Alternative arrangements for proceeding 77 70 Special rules for cross-examination of protected witnesses 79 71 Representation of respondent 80 72 Representation of applicant 81 initiative—
registrar of the Court or a deputy registrar of the Court; or relation to the County Court, a registrar of the Court or a deputy registrar of the Court; or relation to the Supreme the prothonotary of the Court or a deputy prothonotary of the Court; relative has the meaning set out in section 10; relevant decision, for Subdivision 1 of Division 9 of Part 4, has the meaning set out in section 114; S. 4 def. of respondent amended by No. 53/2016 s. 41(f). respondent means the following persons— person against whom— (i) an application for a family violence intervention order has been made; or (ii) a family violence intervention has been made; or (iii) a family violence safety notice has been issued; additional respondent under section 76; relation to a recognised DVO, a person against whom the recognised DVO has been made; safety means safety from family violence;
control, dominate or coerce the family member. (3) To remove doubt, it is declared that behaviour may constitute family violence even if the behaviour would not constitute a criminal offence. 6 Meaning of economic For the purposes of this Act, economic abuse is behaviour by a person (the first person) that is coercive, deceptive or unreasonably controls another person (the second person), without the second person's consent— a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; or withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or the second person's child, if the second person is entirely or predominantly dependent on the first person for financial support to meet those living expenses. Examples— coercing a person to relinquish control over assets and income; removing or keeping a family member's property without permission, or threatening to do so; disposing of property by a person, or owned jointly with a person, against the person's wishes and without lawful excuse;
(4) The further period specified under subsection (3) must be a period expiring on or before the expiry of 10 hours after the direction was given to the directed person. (5) If an order is made under this section, a police officer must serve a copy of the order on the directed person. (6) This section does not apply if the direction is in relation to an application for a family violence safety notice. 20 Telephone or fax application for extension (1) A police officer may apply for an order under section 19 by telephone, fax or other electronic communication if— application is made— 9 a.m. or after 5 p.m. on a weekday; or (ii) on a Saturday, Sunday or public holiday; or officer reasonably believes that it is impracticable to make the application in person. (2) Before applying by telephone, fax or other electronic communication, the officer must complete an application setting out— grounds on the order is sought; and other prescribed particulars.
(1) A child, other than a child who is an applicant for a family violence intervention order or a respondent, must not give evidence for the purposes of a proceeding under this Act or a litigation restraint order proceeding unless the court grants leave for the child to do so. (2) In deciding whether to grant leave under subsection (1) the court must have regard to the following— desirability of protecting children from unnecessary exposure to the system; and harm that could occur to the child and to family relationships if the child gives evidence. S. 67(3) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 22.3). (3) This section applies despite anything to the contrary in the Evidence Act 2008. S. 67A inserted by No. 53/2010 s. 202. 67A Court may issue warrant to arrest for witness who fails to appear Section 194 of the Evidence Act 2008 applies to a proceeding for a family violence intervention order as if the reference in that section to a civil or criminal proceeding were a reference to a proceeding for a family violence intervention order. Note Section 194 of the Evidence Act 2008 provides that the court may issue a warrant to arrest a witness who fails to appear at a hearing
(4) If on the of a person charged with an offence against subsection (1) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that the accused engaged in conduct during that period which constitutes an offence against section 37 or 123, the jury must acquit the accused of the offence charged but may find him or her guilty of that other offence and he or she is liable to punishment accordingly. (5) A person who is convicted or acquitted of an offence against subsection (1) not in respect of the circumstances concerned or the relevant period of 28 days subsequently be prosecuted for an offence against section 37, 37A, 123 or 123A. Pt 4 Div. 12 (Heading and s. 125B) inserted by No. 53/2016 s. 56. Division 12—Double jeopardy—recognised DVOs S. 125B inserted by No. 53/2016 s. 56. 125B No double jeopardy—recognised DVOs An accused person is not liable to be punished for an offence of contravening a family violence intervention order or a family violence safety notice if— accused person is a respondent to a family violence safety notice, a family violence intervention order or a recognised DVO; and
family violence assessment purpose means the purpose of establishing or assessing the risk of— person committing family violence; or person being subjected to family violence; family violence protection purpose the purpose of managing a risk of— person committing family violence and includes the ongoing assessment of the risk of the person committing family violence; or person being subjected to family violence and includes the ongoing assessment of the risk of the person being subjected to family violence; handling, in relation to confidential information, has the meaning set out in section 3 of the Privacy and Data Protection Act 2014 in relation to personal information; health information has the meaning set out in section 3(1) of the Health Records Act 2001; identifier has the meaning set out in section 3(1) of the Health Records Act 2001; information sharing entity has the meaning set out in section 144D; linked person means any person whose confidential information is relevant to a
family violence assessment purpose or family violence protection purpose other than a person who— a primary person; or a person of concern; or alleged to pose a risk of family violence; person of concern has the meaning set out in section 144B; personal information has the meaning set out in section 3 of the Privacy and Data Protection Act 2014; primary person has the meaning set out in section 144E; protection entity means an information sharing entity that is prescribed to be a protection entity for the purposes of section 144D(2)(b); risk assessment entity means an information sharing entity that is prescribed to be a risk assessment entity for the purposes of section 144D(2)(a); sensitive information has the meaning set out in Schedule 1 to the Privacy and Data Protection Act 2014; unique identifier has the meaning set out in Schedule 1 to the Privacy and Data Protection Act 2014.
144K Application of Division to confidential information of certain persons This Division applies to the confidential information of any of the following persons— primary person; person of concern; person who is alleged to pose a risk of family violence; linked person. S. 144KA inserted by No. 23/2017 s. 7. 144KA Voluntary disclosure for family violence assessment purpose An information sharing entity may disclose confidential information to a risk assessment entity for a family violence assessment purpose if the confidential information— not excluded information; and permitted to be disclosed under Division 5. S. 144KB inserted by No. 23/2017 s. 7. Request for information sharing for family violence assessment purpose (1) A risk assessment entity (a requesting entity) may request an information sharing entity (a responding entity) to disclose confidential information to the requesting entity for a family violence assessment purpose.
and includes an officer, employee or contracted service provider of such an entity; child means— person who is under the age of 18 years; and unborn child that is the subject of a report made under section 29 or a referral made under section 32, of the Children Youth and Families Act 2005; confidential information means the following— information; information, including sensitive information; identifiers; consent express or implied consent; Family Safety Victoria means the Administrative Office established under the Public Administration Act 2004 known as Family Safety Victoria; health information has the meaning set out in section 3(1) of the Health Records Act 2001; Hub service means the following— service that is provided by the State of Victoria in relation to, or for the
allegedly committed family violence or a vehicle registered in the person's name. S. 160(1A) inserted by No. 77/2013 s. 29(1). (1A) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises (including any vehicle on or in those premises) or a particular vehicle located in a public place if— S. 160(1A)(a) substituted by No. 53/2016 s. 63(2). police officer intends to serve or has served on a person an application for a recognised DVO made against the person; or (ii) a police officer intends to serve or has served on a person an interstate DVO made against a person or an application for an interstate DVO made against the person; and police officer believes on reasonable grounds that the person is in possession of a firearm, a firearms authority, ammunition or a weapon at premises or in a vehicle, other than premises at which the person resides or has resided or at which the person committed or allegedly committed family violence or a vehicle registered in the person's name. (2) If the magistrate is satisfied by the evidence on oath, whether oral or by affidavit, that are
section 37, 37A, 123, 123A or 125A; relation to a recognised DVO, means a contravention of the recognised DVO enforced as if it were a contravention of a family violence safety notice or family violence intervention order under section 37, 37A, 123, 123A or 125A; pre-notice or order offence, in relation to a family violence safety notice or family violence intervention order, means an offence where the conduct that constituted the offence— to the making of the family violence safety notice or family violence intervention order; and have constituted a contravention of the family violence safety notice or family violence intervention order under section 37, 37A, 123, 123A or 125A if the notice or order had been in place at the time of the offence; relevant offence means— pre-notice or offence; or post-notice or order offence. (2) For the purposes of this Division a charge against a person for an offence is pending until the charge is finally dealt with in any of the following ways—
accompanied by the prescribed documents. (3) A certificate under this section is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated in it. 205 Person may cause document to be served (1) If, under this Act, a person is required or permitted to serve a document, the person may serve the document by causing it to be served by another person. (2) If, this Act, a person is required or permitted to give a document to another person, the person may give the document by causing it to be given by another person. 206 Certificate of service If, this Act, a police officer or appropriate registrar of a court is required or permitted to certify that a document has been served on a person, the police officer or appropriate registrar must complete a certificate of service that— the certificate is completed by a police officer, includes the police officer's name, rank and station; and the certificate is completed by an appropriate registrar, includes the appropriate registrar's name and the location of the court; and a statement about the manner of service; and
New s. 228 inserted by No. 19/2017 s. 40. 228 Definitions In this Division— amending Act means the Family Violence Protection Amendment Act 2017. S. 228A inserted by No. 19/2017 s. 16. 228A Family violence intervention orders for protection of children (1) This Act as amended by Division 1 of Part 2 of the amending Act applies to a proceeding for a family violence intervention order that— on or after the commencement of that Division; or been commenced but not determined before the commencement of that Division. (2) If, before the commencement of Division 1 of Part 2 of the amending Act, an interim was made under section 53(1)(a)(iii) in relation to a child who was not an affected family member, on and after that commencement, the interim order is taken to have been made under section 53AB. (3) If, before the commencement of Division 1 of Part 2 of the amending Act, a final order was made under section 77(2) in relation to a child who was not an affected family member, on and