Victorian Consolidated Legislation

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Family Violence Protection Act 2008 - SECT 76

Associated final orders

76. Associated final orders



(1) The court may also make a final order against a person (an additional
respondent) if-

   (a)  a final order has been made against a respondent; and

   (b)  the court is satisfied, on the balance of probabilities, that-

   (i)  the additional respondent is an associate of the respondent; and

   (ii) the additional respondent has subjected the protected person to
        behaviour that would be family violence if the additional respondent
        and the protected person were family members, and is likely to do so
        again.

(2) The court may also make a final order to protect a person (an additional
applicant) if-

   (a)  a final order has been made to protect a protected person; and

   (b)  the court is satisfied on the balance of probabilities that-

   (i)  the additional applicant is an associate of the protected person; and

   (ii) the respondent has subjected the additional applicant to behaviour
        that would be family violence if the respondent and the additional
        applicant were family members, and is likely to do so again.

(3) To avoid doubt, it is declared that-

   (a)  an application for an associated final order may be heard with the
        application for the original final order; and

   (b)  this Act applies to an associated final order and an application for
        the order as if they were the original final order and the application
        for the original final order respectively; and

   (c)  the associated final order is not affected if the original final order
        is varied, extended, revoked or otherwise ends.

(4) An associated final order may be made on the application of-

   (a)  an associate of the protected person for the original final order; or





   (b)  a person who, under section 45, would be entitled to make an
        application for a family violence intervention order for the associate
        if the associate were an affected family member.

(5) In this section-

associated final order means a final order made under this section; original
final order means a final order referred to in subsection (1)(a) or (2)(a).



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