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Family Violence Protection Act 2008
108Who may apply to vary, revoke or extend family violence intervention order
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108 Who may apply to vary, revoke or extend family violence intervention order
(1) An application to vary, revoke or extend a family violence intervention order may be made to the court by—
(a) a party to the proceeding in which the order was made; or
See the definition of ***party*** in section 4 which provides that the protected person is a party to the proceeding, whether or not the person is the applicant for the proceeding.
(b) if the protected person is a child—
(i) a parent of the child, other than the respondent for the order; or
(ii) any other person with the written consent of a parent of the child, other than the respondent for the order; or
(c) if the protected person is a child who is 14 years of age or more, the protected person with the leave of the court; or
(d) if a police officer was not a party to the proceeding in which the family violence intervention order was made, a police officer; or
(e) if the protected person has a guardian and the guardian was not a party to the proceeding in which the family violence intervention order was made, the guardian.
(2) For the purposes of subsection (1)(a), if a party to the proceeding in which the family violence intervention order was made was a police officer or an officer of another organisation—
(a) the application may be made by any other police officer or officer of the organisation; and
(b) that police officer or officer is taken to be a party to the original proceeding.