Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 77

Protection of children on court's own initiative

77. Protection of children on court's own initiative



(1) Before making a final order under section 74 or 76, the court must
consider whether there are any children who are family members of the affected
family member or the respondent who have been subjected to family violence
committed by the respondent.

(2) If the court is satisfied, on the balance of probabilities, that a child
who is a family member of the affected family member or the respondent has
been subjected to family violence committed by the respondent and is likely
again to be subjected to family violence committed by the respondent, the
court may, on its own initiative-

   (a)  if the child's need for protection is substantially the same as that
        of the affected family member-include the child as a protected person
        in making the order under section 74 or 76; or

   (b)  otherwise-make a separate final order under section 74 or 76 for the
        child as a protected person.