Victorian Current Acts Victorian Current Acts(1) Subject to subsection (4), a court hearing a criminal proceeding 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 may make an interim order under subsection (1)—
(a) at any stage of the criminal proceeding, including during any committal hearing, any trial, any sentencing hearing or any appeal; and
(b) whether or not the person accused is found guilty of the offence; and
(c) whether or not the charge is withdrawn or the prosecution of the offence is discontinued.
(4) 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. 60D inserted by No. 33/2018 s. 22.