Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 82

Exclusion of respondent from residence

82. Exclusion of respondent from residence



(1) If the court decides to make a family violence intervention order, the
court must consider whether to include a condition (an exclusion condition)
excluding the respondent from the protected person's residence.



(2) In making a decision about whether to include an exclusion condition in
the family violence intervention order, the court must have regard to all the
circumstances of the case, including the following-

   (a)  the desirability of minimising disruption to the protected person and
        any child living with the protected person and the importance of
        maintaining social networks and support which may be lost if the
        protected person and the child were required to leave the residence or
        were unable to return to or move into the residence;

   (b)  the desirability of continuity and stability in the care of any child
        living with the protected person;

   (c)  the desirability of allowing any childcare arrangements, education,
        training or employment of the protected person or any child living
        with the protected person to continue without interruption or
        disturbance.

(3) Subsection (1) applies regardless of any legal or equitable rights the
parties have in the residence.

(4) If the court decides that an exclusion condition is appropriate in a
family violence intervention order against an adult respondent and the
protected person does not oppose the inclusion of the condition, the order
must include the condition.

Note See Division 1 of Part 6 of the Residential Tenancies Act 1997 which
provides that the protected person may, if a final family violence
intervention order includes an exclusion condition excluding the respondent
from a residence, apply under that Act for an existing tenancy agreement to be
terminated and a new tenancy agreement to be entered into with the landlord.