Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 20

Telephone or fax application for extension order

20. Telephone or fax application for extension order



(1) A police officer may apply for an order under section 19 by telephone, fax
or other electronic communication if-

   (a)  the application is made-

   (i)  before 9 a.m. or after 5 p.m. on a weekday; or

   (ii) on a Saturday, Sunday or public holiday; or

   (b)  the 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-

   (a)  the grounds on which the order is sought; and

   (b)  any other prescribed particulars.

(3) On an application made by telephone, fax or other electronic
communication, the court is not bound by the rules of evidence.



(4) If the court makes an order under section 19 on an application made by
telephone, fax or other electronic communication, the court must inform the
officer of the terms of the order, the period of operation of the order and
the venue of the court for the first mention date for the application for the
family violence intervention order.

(5) If an order under section 19 is made on an application made by telephone,
the officer who made the application must-

   (a)  complete a form of order in the terms indicated by the court under
        subsection (4) and must write on it the name of the magistrate who
        constituted the court that made the order and the date on which and
        the time at which it was made; and

   (b)  ensure that the form of order completed by the officer is received at
        the venue of the court nominated in the order before the hearing of
        the application for the family violence intervention order.