Amendment of existing protection order if later family violence charge
114 Amendment of existing protection order if later family violence charge
In a family violence proceeding, a court may amend an existing protection order against the defendant in relation to the protected person if satisfied that an amendment is necessary to protect the protected person or another affected person from family violence.
An affected person includes any child who hears, witnesses or is otherwise exposed to family violence committed against another person (see s 8 (1), def family violence, par (b) and dict).
The court may amend a recognised non-local FVO under s 132.
If the existing protection order is—
a general interim order—
the interim order is taken to be a special interim order; and
subdivision 3.3.3 (Special interim orders) applies to it as if the charge for the offence in the family violence proceeding were an outstanding related charge; or
a special interim order—the charge for the offence in the family violence proceeding is taken to be an outstanding related charge.
The court may inform itself of any matter necessary to amend a protection order under this section.
Part 9 National recognition of FVOs
Division 9.1 Preliminary
This Act’s bill:Explanatory statementSecond reading speech
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