Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 31

Family violence safety notice taken to be application for family violence intervention order

31. Family violence safety notice taken to be application for family violence
intervention order



(1) A family violence safety notice is taken to be-

   (a)  an application by the police officer who applied for it for a family
        violence intervention order for the protected person against the
        respondent; and

   (b)  a summons for the respondent to appear at the first mention date for
        the application stated in the notice.

(2) A family violence safety notice must be returned to the court at the first
mention date stated in the notice.

(3) The first mention date for the application must be-

   (a)  within 72 hours after the family violence safety notice or form of
        notice completed under section 27(3) is served; or

   (b)  if it is not possible for the first mention date to be within 72 hours
        because a public holiday means the first date on which the court will
        sit is more than 72 hours after the service of the notice, the first
        working day after the public holiday.