Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 78

Consent orders

78. Consent orders



(1) If the parties to a proceeding for a final order consent to the making of
the order or do not oppose the making of the order, the court may make the
order-

   (a)  without being satisfied as to any matter referred to in section 74 or
        76; and

   (b)  whether or not the respondent admits to any or all of the particulars
        of the application.

(2) However, if the respondent is a child the court may make a final order to
which the parties consent or have not opposed only if the court is satisfied
as to all relevant matters referred to in section 74 or 76.

(3) If the application for the family violence intervention order was made
with the consent of an affected family member's parent or guardian, that
parent or guardian is taken to be a party for the purposes of consenting to or
not opposing the making of the order .

(4) Before making a final order under subsection (1), the court may conduct a
hearing in relation to the particulars of the application if, in the court's
opinion, it is in the interests of justice to do so.

(5) A court may refuse to make a final order to which the parties to the
proceeding have consented if the court believes the order may pose a risk to
the safety of one of the parties or a child of the protected person or
respondent.

(6) Section 77 continues to apply in relation to any children of the affected
family member or the respondent, whether or not the court decides to make a
final order under subsection (1).



Division 5-Conditions of family violence intervention orders