FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 55 Evidentiary requirements for making interim orders

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 55

    (1)     The court must not make an interim order, other than an order referred to in section 53(1)(b), unless—

        (a)     the application is supported by oral evidence or an affidavit; or

S. 55(1)(b) amended by Nos 18/2010 s. 19(2)(a), 33/2018 s. 20(1).

        (b)     the court waives the requirement under paragraph (a); or

S. 55(1)(c) inserted by No. 18/2010 s. 19(2)(b).

        (c)     the application is made by the issue of a family violence safety notice that was certified in accordance with section 153(1).

S. 55(1A) inserted by No. 33/2018 s. 20(2).

    (1A)     The court may waive the requirement that the application be supported by oral evidence or an affidavit if—

        (a)     the applicant is a police officer and the application is made by electronic communication—

              (i)     provided that the court has considered whether it is practicable to obtain oral evidence or an affidavit before making the interim order; or

              (ii)     the application is made before 9 a.m. or after 5 p.m. on a weekday or on a Saturday, Sunday or a public holiday and the application was certified in accordance with section 43(2); or

        (b)     the applicant is not a police officer and the application is made by a declaration of truth, provided that the court has considered whether it is practicable to obtain oral evidence or an affidavit before making the interim order.

S. 55(2) amended by No. 18/2010 s. 19(3).

    (2)     Nothing in subsection (1)(a) or (3) obliges the affected family member to give evidence before the interim order is made.

S. 55(3) inserted by No. 18/2010 s. 19(4).

    (3)     If the application is made by issue of a family violence safety notice that was certified in accordance with section 153(1),     the court, if deciding under section 65(3) whether to refuse to admit or limit the use to be made of the family violence safety notice, must first consider whether it is reasonably practicable to obtain oral evidence or affidavit evidence.