53Court may make interim order

53 Court may make interim order (1) The court may make an interim order if— (a) a person has applied to the court for a family violence intervention order and the court is satisfied, on the balance of probabilities, that an interim order is necessary pending a final decision about the application— S. 53(1)(a)(iii) amended by No. 18/2010 s. 18(1), substituted by No. 19/2017 s. 6(1). (iii) to protect an affected family member who is a child who has been subjected to family violence committed by the respondent; or (b) a person has applied to the court for a family violence intervention order and the parties to the proceeding have consented to, or do not oppose, the making of an interim order for the application; or (c) a family violence safety notice has been issued for an affected family member and the court is satisfied, on the balance of probabilities, there are no circumstances that would justify discontinuing the protection of the person until a final decision about the application. Note to s. 53(1) amended by No. 53/2010 s. 200(1). See Division 5 which provides for the inclusion of conditions in a family violence intervention order, including an interim order. See also Division 5 which provides for the inclusion of conditions suspending a firearms authority, weapons approval or weapons exemption in the case of an interim order and cancelling a firearms authority, weapons approval or weapons exemption in the case of a final order. S. 53(1A)(1B) inserted by No. 18/2010 s. 18(2), repealed by No. 19/2017 s. 6(2). S. 53(1C) inserted by No. 18/2010 s. 18(2). (1C) The court may make an order under subsection (1)(b)— (a) without being satisfied as to any matter referred to in subsection (1)(a) or (1)(c); and (b) whether or not the respondent admits to any or all of the particulars of the application. (2) In deciding whether to make an interim order the court is not to take into account whether or not the respondent is or has been the subject of a direction, or detained, under Division 1 of Part 3. S. 53(3) inserted by No. 53/2010 s. 200(2). (3) The court may make an interim order whether or not— (a) some or all of the alleged family violence occurred outside Victoria, so long as the affected family member was in Victoria at the time at which that alleged family violence occurred; (b) the affected family member was outside Victoria at the time at which some or all of the family violence alleged in the application for the family violence intervention order occurred, so long as that alleged family violence occurred in Victoria. S. 53(4) inserted by No. 33/2018 s. 108. (4) The court may make an interim order at any time after the making of an application for a family violence intervention order and before the final decision about the application is made, and may do so whether or not the court has previously made or refused to make an interim order. S. 53AA inserted by No. 19/2017 s. 7. 53AA Court must make interim order for a child if court makes interim order for affected family member (a) the court makes an interim order under section 53(1) in relation to an affected family member; and (b) the court is satisfied, on the balance of probabilities, that a child has been subjected to family violence committed by the respondent (whether or not that child is also an affected family member). (2) If the court makes the interim order under section 53(1)(a) or (c), subject to subsection (4), the court must— (a) if the child's need for protection is substantially the same as that of the affected family member, include the child in the interim order as a protected person; or (b) otherwise, make a separate interim order for the child as a protected person. (3) If the court makes the interim order by consent under section 53(1)(b), and that order does not include the child, subject to subsection (4), the court must make a separate interim order for the child as a protected person. (4) The court is not required to include the child in the interim order or to make a separate interim order to protect the child if the court is satisfied that it is not necessary to do so to protect the child or ensure the safety of the child pending a final decision about the application. S. 53AB inserted by No. 19/2017 s. 7, amended by No. 33/2018 s. 19 (ILA s. 39B(1)). 53AB Interim protection of child on court's own initiative—interim order not made for affected family member (1) If the court does not make an interim order under section 53(1) in relation to an affected family member, the court may, on its own initiative, make an interim order for a child as a protected person if satisfied, on the balance of probabilities, that— (a) the child has been subjected to family violence committed by the respondent; and (b) an interim order is necessary to protect the child pending a final decision about the application. S. 53AB(2) inserted by No. 33/2018 s. 19. (2) An interim order under subsection (1) is an order in the proceeding under section 53 and, for the purposes of any proceeding for any final order under section 74 or 76— (a) the applicant for the final order is— (i) the affected family member who made the initial application referred to in section 53(1); or (ii) if the affected family member did not make the application referred to in section 53(1), the person who made that application on behalf of the affected family member; or (iii) if neither subparagraph (i) or (ii) apply, in accordance with subsection (3), the Chief Commissioner of Police; and (b) the child is a party to the proceeding; and (c) the respondent to the initial application referred to in section 53(1) is a party to the proceeding; and (d) any application for the final order may be dealt with in accordance with this Act in the same way as any other application; and (e) the application for the final order in respect of the child is not affected by the initial application referred to in section 53(1) being struck out or withdrawn. (3) In making an interim order referred to in this section, the court may appoint the Chief Commissioner of Police to be the applicant for any final order in respect of the child if satisfied that— (a) the Chief Commissioner of Police is not a person referred to in subsection (2)(a)(ii); and (b) the appointment is necessary in all the circumstances, having regard to the child's safety. (4) If the court makes an appointment under subsection (3), the court must ensure that the Chief Commissioner of Police is given— (a) a copy of the interim order which makes that appointment; and (b) a copy of the application referred to in section 53(1). See also section 152. S. 53A inserted by No. 53/2010 s. 211.