Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 74

Power of court to make final order

74. Power of court to make final order



(1) The court may make a final order if the court is satisfied, on the balance
of probabilities, that the respondent has committed family violence against
the affected family member and is likely to do so again.

(2) A final order may be made for more than one affected family member if-

   (a)  the court is satisfied of the matters set out in subsection (1) in
        relation to each of the affected family members; or

   (b)  consent has been given, or the making of the order has not been
        opposed, in accordance with section 78 by-

   (i)  all the parties to the proceeding; and

   (ii) if the application for the final order was brought with the consent of
        an affected family member's parent or guardian, that parent or
        guardian . Note See section 77 which provides that the court may, on
        its own initiative, also make a final order for the protection of
        children who are family members of the affected family member or
        respondent.