Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 55

Application to be supported by oral evidence or affidavit unless requirement waived

55. Application to be supported by oral evidence or affidavit unless
requirement waived



(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

   (b)  the application is made under section 44 by telephone, fax or other
        electronic communication and the court waives the requirement under
        paragraph (a).

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