Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 57

Explanation of interim order

57. Explanation of interim order



(1) If a court makes an interim order, the appropriate registrar of the court
must give the respondent and the affected family member a written explanation
of the order, in the prescribed form, that explains the following matters-

   (a)  the purpose, terms and effect of the interim order;

   (b)  the consequences and penalties that may follow if the respondent fails
        to comply with the terms of the interim order;

   (c)  the means by which the interim order may be varied or extended,
        including that the interim order may extend until the final order is
        decided or served;

   (d)  for the respondent, that the interim order is a civil order of the
        court and the affected family member cannot give permission to
        contravene the interim order;

   (e)  the process for deciding the final order;

   (f)  how the order interacts with a Family Law Act order or an order under
        the Children, Youth and Families Act 2005;

   (g)  if the court has varied, suspended, revoked or revived a
        Family Law Act order because it is inconsistent with the interim
        order, the purpose, terms and effect of the variation or suspension;

   (h)  any relevant family violence services offering legal, emotional or
        practical support that may be available to the affected family member
        or respondent.

(2) A written explanation under subsection (1) must be-

   (a)  if the protected person or respondent is before the court, given to
        the protected person or respondent and accompanied by a clear oral
        explanation of the matters contained in it; and

   (b)  if the protected person or respondent is not before the court, served
        on the protected person or respondent and accompanied by any
        additional information the court considers necessary to explain the
        interim order.

(3) A failure by the appropriate registrar to explain an interim order in
accordance with this section does not affect the validity of the interim
order.