A two limb test must be satisfied in the making of a final order: 1. The RESP committed family violence; and 2. The RESP is likely to do so again. >[!NOTE] Without the AFM's consent >**[[Section 75 - Power to make final order if AFM has not consented to application or order - police applicant|Section 75]]** provides that the court *may make a final IVO without the AFM's consent*, however, the conditions *must only include*: >- No family violence; and >- Not to get another person to do so; and >- Weapons approvals; and >- Firearms authority > >This does **not** apply to IIVO's. # Other Points - s. 77B(1): Provides Court may grant final IVO protecting a child on its own initiative where no final IVO is made for AFM. - This can be used to circumvent s. 75 with an unsupportive AFM, where we seek a FNC for the child. - s. 78(5): Court may refuse to finalise matters parties consented to, if court believes order may **pose safety risk** to one of the parties / child of AFM or RESP. - s. 80: **Safety of AFM** and children is **paramount** in deciding conditions. # Overview of Legislation - s. 61: Court must not hear contested app for Back to [[52.00 Family Violence]]