Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 45

Who may apply for family violence intervention order

45. Who may apply for family violence intervention order

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.