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r 4.03

Application for a family violence intervention order

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Part 2Applications for family violence intervention orders

4.03 Application for a family violence intervention order

(1)

For the purposes of an application for a family violence intervention order under section 43 or 44 of the Act, the following information is prescribed—

(a)

the name of the applicant;

(b)

the capacity in which the applicant applies;

(c)

the name and date of birth of each affected family member;

(d)

if the applicant is not the affected family member or a police officer—

(i)

whether the affected family member consents to the making of the application; or

(ii)

if the affected family member is a child, whether a parent of the child consents to the making of the application; or

(iii)

if the affected family member has a guardian, whether the guardian consents to the making of the application;

(e)

whether the applicant requires leave of the Court to make the application;

(f)

the name, date of birth and address of the respondent;

(g)

the relationship between the respondent and the affected family member;

(h)

the reasons for seeking the order;

(i)

the nature of the family violence alleged;

(j)

the conditions on the order sought;

(k)

whether a warrant is sought for the arrest of the respondent;

(l)

details of any relevant Family Law Act order or child protection order, or any current application for a relevant Family Law Act order or child protection order;

(m)

details of any previous application or order made, or family violence safety notice issued, under the Act;

(n)

whether the respondent holds—

(i)

a firearms authority; or

(ii)

a weapons approval; or

(iii)

a weapons exemption;

(o)

whether an affected family member or the respondent has a disability;

(p)

whether an affected family member or the respondent is of Aboriginal or Torres Strait Islander descent.

(2)

If the applicant seeks a warrant for the respondent's arrest, the application must set out the reasons why a warrant is sought.

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