VICIn ForceAct
Family Violence Protection Act 2008
60BCourt hearing application or appeal relating to bail may make own motion interim order
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60B Court hearing application or appeal relating to bail may make own motion interim order
(1) Subject to subsection (3), a court hearing an application or appeal relating to bail may make an interim order against an accused to protect a family member of the accused if the court is satisfied, on the balance of probabilities, that the interim order is necessary to ensure the safety of the family member pending a decision about a final order.
(2) A court may make an interim order under this section on its own motion.
(3) The court must not make an interim order to protect a family member of the accused if—
(a) there is an existing family violence intervention order that protects that family member of the accused from the accused; or
(b) an application for a family violence intervention order that protects that family member of the accused from the accused has been made but not finally determined.
S. 60C inserted by No. 33/2018 s. 22.