Family Violence Protection Act 2008

Subject to subsection (4), a court hearing a criminal proceeding may make an interim order against a relevant party to protect a family member of the relevant party if the court is satisfied, on the balance of probabilities, that the interim order is necessary to ensure the safety of the family member pending a decision about a final order.

A court may make an interim order under this section on its own motion.

The court may make an interim order under subsection (1)—

at any stage of the criminal proceeding, including during any trial, any sentencing hearing or any appeal; and

whether or not the relevant party is found guilty of the offence; and

whether or not the charge is withdrawn or the prosecution of the offence is discontinued.

The court must not make an interim order to protect a family member of the relevant party if—

there is an existing family violence intervention order that protects that family member of the relevant party from the relevant party; or

an application for a family violence intervention order that protects that family member of the relevant party from the relevant party has been made but not finally determined.