FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 102 Additional protection in varying or revoking orders

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 102

    (1)     Before varying or revoking a family violence intervention order, the court must decide whether—

        (a)     there has been any change in the need to protect another person protected by the order from being subjected to family violence by the respondent for the family violence intervention order; and

        (b)     there are any other persons who, since the order was made, have become family members of the respondent for the family violence intervention order or protected person; and

        (c)     there are any Family Law Act orders in existence in relation to—

              (i)     where and with whom a child who is a person referred to in paragraph (a) or (b) lives; or

              (ii)     the respondent for the order spending time with or communicating with the child.

Note

If there is a Family Law Act order in existence, section 68R of the Family Law Act may allow the court to revive, vary, discharge or suspend that order.

    (2)     The court may refuse to vary or revoke the family violence intervention order, or may vary the order in a way that differs from the variation sought in the application, if the court is satisfied, on the balance of probabilities, that it is necessary to do so to ensure the safety of another person protected by the order.