FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 45 Who may apply for family violence intervention order

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 45

    An application for a family violence intervention order may be made by—

        (a)     a police officer; or

Note

However, see section 75 which provides that a final order can be made without the consent of the affected family member but only with limited conditions.

        (b)     an affected family member; or

        (c)     if the affected family member is an adult, any other person with the written consent of the affected family member; or

        (d)     if the affected family member is a child—

              (i)     a parent of the child; or

              (ii)     any other person with the written consent of a parent of the child or with the leave of the court; or

              (iii)     the affected family member with the leave of the court if the affected family member is of or above the age of 14 years; or

        (e)     if the affected family member has a guardian—

              (i)     the guardian; or

              (ii)     any other person, with the leave of the court.

Note

See also section 76(4) which provides that an associate of an affected family member or a protected person may apply for a family violence intervention order.