Family Violence Act 2016

This section applies if—

the court makes a general interim order; and

after the general interim order is made, but before the final order is made, the respondent is charged with an offence; and

the charge is related to the application for the final order.

The general interim order is taken to be a special interim order—

in the same terms as the general interim order; and

subject to the same conditions as the general interim order.

Note The application for the final order must not be decided until all related charges are finalised (see s 31 (1)).

Unless section 31 (2) (Special interim orders—application not to be decided until related charges finalised) applies, the return date for a hearing to decide the application for the final order must be changed after all related charges are finalised to a day as soon as practicable after the day all related charges are finalised.

Note Under s 31 (2), an application for a final order may be finalised by the court before all related charges are finalised by consent or if a party is not present at a time when the application for the final order is returned before the Magistrates Court.