Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 75

Power to make final order if affected family member has not consented to application

75. Power to make final order if affected family member has not consented to
application



(1) If the applicant for a final order is a police officer, the court may make
the order under section 74 even if the affected family member has not
consented to the making of the application.

(2) However, if the affected family member has not consented to the making of
the application, the final order may include only conditions referred to in
section 81(2)(a), (f), (g) or (h).

(3) Subsection (2) does not apply if-

   (a)  the affected family member is a child; or

   (b)  the affected family member has a guardian and the guardian has
        consented to the application; or

   (c)  the affected family member is cognitively impaired.