Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 44

Application may be made by electronic communication after hours or in remote areas

44. Application may be made by electronic communication after hours or in
remote areas



(1) This section applies if-

   (a)  a police officer intends to make an application for a family violence
        intervention order; and

   (b)  the police officer is seeking an interim order until the final order
        may be determined; and

   (c)  either-

   (i)  the application is made before 9 a.m. or after 5 p.m. on a weekday, or
        is made on a Saturday, Sunday or a public holiday; or

   (ii) the distance from the nearest venue of the court where the court is
        sitting is so great that it is impracticable to make the application
        in person.

(2) The application may be made by telephone, fax or other electronic
communication.

(3) Before applying by telephone, fax or other electronic communication, the
police officer must complete an application, that is made on oath or by
affidavit or is certified, that sets out-

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

   (b)  the reason an interim order is sought until the final order may be
        decided.

(4) The application completed under subsection (3) must be filed by the police
officer with the court before the first mention date for the application.