36Interim order where existing family violence intervention order

36 Interim order where existing family violence intervention order S. 36(1) amended by No. 53/2016 s. 112(1). (1) The court must not make an interim order if there is an existing family violence intervention order or non-local DVO made by a court that is a recognised DVO for which— (a) the affected person is a protected person and the respondent is a respondent; or (b) the respondent is a protected person and the affected person is a respondent. S. 36(2) amended by No. 53/2016 s. 112(2). (2) Despite subsection (1), the court may make an interim order if there is an existing interim family violence intervention order or interim non-local DVO that is a recognised DVO for which the respondent is a protected person and the affected person is a respondent. **Example** B is an affected person for an application for a personal safety intervention order against A. However, A is already a protected person under an interim family violence intervention order, and B is a respondent for that order. The court could still make an interim order to protect B from A. S. 36(3) substituted by No. 53/2016 s. 112(3). ***interim family violence intervention order*** means an interim order within the meaning of the **Family Violence Protection Act 2008**; ***interim non-local DVO*** means a non-local DVO that is an interim DVO within the meaning of the **National Domestic Violence Order Scheme Act 2016**.