40Family violence safety notice prevails over existing recognised DVO

40 Family violence safety notice prevails over existing recognised DVO (a) a police officer issues a family violence safety notice in relation to a respondent and protected person; and (b) at the time the family violence safety notice is issued, there is a recognised DVO made by a court in relation to the same respondent and protected person. (2) Subject to subsection (3), the respondent must comply with both the family violence safety notice and the recognised DVO as it operates in Victoria. (3) If it is not possible for the respondent to comply with the family violence safety notice and the recognised DVO as it operates in Victoria at the same time, the respondent must comply with the family violence safety notice. S. 41 amended by No. 7/2010 s. 10, repealed by No. 16/2011 s. 5. Part 4—Family violence intervention orders Division 1—Application for family violence intervention order 42 Where application for family violence intervention order may be made An application for a family violence intervention order must be made at the proper venue of the Magistrates' Court or Children's Court.