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r 4.04

Application for associated final order

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Part 2Applications for family violence intervention orders

4.04 Application for associated final order

(1)

An application for an associated final order under section 76 of the Act must include the following—

(a)

the name of the applicant;

(b)

the capacity in which the applicant applies;

(c)

the names of the parties to the application for the original family violence intervention order, or the original order (as the case requires);

(d)

the court reference number for the original application, or the date of the final order (as the case requires);

(e)

the reasons for seeking the order;

(f)

the conditions of the order sought;

(g)

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.

(2)

If the application is for an associated final order against an additional respondent, the application must also—

(a)

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

(b)

set out how the additional respondent is an associate of the respondent; and

(c)

if the applicant is not the protected person or a police officer, state—

(i)

whether the protected person consents to the making of the application; or

(ii)

if the protected person is a child, whether a parent of the child consents to the making of the application; or

(iii)

if the protected person has a guardian, whether the guardian consents to the making of the application.

(3)

If the application is for an associated final order to protect an additional applicant, the application must also—

(a)

state the name and date of birth of each additional applicant; and

(b)

set out how each additional applicant is an associate of the protected person; and

(c)

if the applicant for the associated final order is not the additional applicant or a police officer—

(i)

whether the additional applicant consents to the making of the application; or

(ii)

if the additional applicant is a child, whether a parent of the child consents to the making of the application; or

(iii)

if the additional applicant has a guardian, whether the guardian consents to the making of the application.

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Section 4.04 — Application for associated final order — Magistrates' Court (Family Violence Protection) Rules 2018 (Victoria) — Barrister AI