Family Violence Act 2016

In deciding whether to make a family violence order, a court must enquire whether a Family Law Act order applies to—

any child of the affected person and respondent; or

any other child that is an affected person.

Note 1 A family violence order means a protection order or an after-hours order (see dict).

Note 2 The Family Law Act 1975 (Cwlth), s 68R gives a Territory court, in a proceeding for a family violence order, jurisdiction under certain circumstances to revive, vary, discharge or suspend a Family Law Act order.

In this section:

Family Law Act order—

means a parenting order, recovery order, injunction, undertaking, parenting plan or recognisance mentioned in the Family Law Act 1975 (Cwlth), section 68R; and

includes any proceeding for a parenting order, recovery order, injunction, undertaking, parenting plan or recognisance.

Division 3.2 Applications for protection orders