VICIn ForceAct
Family Violence Protection Act 2008
31Family violence safety notice taken to be application for family violence intervention order
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31 Family violence safety notice taken to be application for family violence intervention order
(1) A family violence safety notice is taken to be—
(a) an application by the police officer who applied for it for a family violence intervention order for the protected person against the respondent; and
S. 31(1)(b) amended by No. 68/2009 s. 97(Sch. item 57.1).
(b) a summons for the respondent to attend at the first mention date for the application stated in the notice.
S. 31(1A) inserted by No. 16/2011 s. 4.
(1A) A family violence safety notice that has ended under section 30(1)(b) continues to be taken to be an application for a family violence intervention order until the court finally determines the application or the application is withdrawn.
(2) A family violence safety notice must be returned to the court at the first mention date stated in the notice.
S. 31(3) amended by No. 83/2012 s. 4, substituted by No. 77/2014 s. 6.
(3) The first mention date for the application must be—
S. 31(3)(a) substituted by No. 19/2017 s. 32(a).
(a) as soon as practicable if—
(i) the family violence safety notice includes an exclusion condition that excludes the respondent from the respondent's primary place of residence; and
(ii) the police officer who applied for the family violence safety notice believes that the respondent may not have access to temporary accommodation; and
S. 31(3)(b) amended by No. 19/2017 s. 32(b).
(b) in any case, not later than 14 days after the family violence safety notice or form of notice completed under section 27(3) is served.