[[Section 53 - Court may make interim order|Section 53 of the Family Violence Protection Act 2008]] governs interim intervention orders. >[!IMPORTANT] IMPORTANT: Reverse Onus >Contested IIVO where FVSN was issued: > >*Onus is on the RESP* to persuade court that the conditions of the FVSN should not continue as IIVO. Other important points: - s. 53(4): Court may make IIVO at any time, whether or not Court previously refused to make one. - s. 53AB(1): Court may, on own initiative, make IIVO for child, even if no IIVO granted for AFM. - ~ [[Section 54 - Interim order may be made in absence of respondent|s. 54]]: IIVO can be made without RESP present/served. - s. 55(1): IIVO may be made on (a) oral/affidavit evidence; or (c) issuing of FVSN. - s. 55(2): No req. for AFM to give evidence in support of IIVO. # Overview of Legislation - s. 52A: Court must consider children before making IIVO. - [[Section 53 - Court may make interim order|s. 53]]: Courts power to make interim orders. - ~ s. 53(1)(a): person applied for FVIVO, court satisfied on balance of probabilities, IIVO may be made to ensure safety of AFM, preserve property of AFM or protect child subjected to FV. - s. 53(1)(b): person applied for FVIVO, parties consented, make IIVO. - ! s. 53(1)(c): FVSN issued, court satisfied balance of probabilities, no circumstances that would justify discontinuing protection of person, until final decision (*onus on RESP to prove*). - s. 53AA: Court must make IIVO if AFM is child. - s. 53AB: Court can make IIVO for child if AFM doesn't get IIVO. - s. 53A: IIVO can't be made when existing PSIVO. - ~ [[Section 54 - Interim order may be made in absence of respondent|s. 54]]: IIVO can be made in absence of RESP + RESP served. - s. 55: IIVO can only be made with affidavit evidence. - s. 56: IIVO may apply to more than one AFM. - s. 57: How IIVOs are explained to adult AFM's. - s. 57A: How IIVO's are explained to child AFM's. - s. 58: IIVO apps can be made electronically by police. - s. 59: Hearings for final orders must be listed as soon as practicable. - s. 60: An IIVO ends when a final order is made. - s. 60B: Court can on own motion make IIVO in bail hearing. - s. 60C: Court can on own motion make IIVO in criminal proceeding. - s. 60D: PROS not a party when IIVO on Court motion in crim proceeding. Back to [[52.00 Family Violence]]