When police issue a family violence safety notice, one of the requirements is that the Respondent must be an adult. Unless the police officer forms a mistaken belief that the Respondent is an adult, a family violence safety notice cannot be issued against a Respondent child.
Generally, the Court can make a final order if the parties consent to the order or are unopposed to it. However, if the Respondent is a child, the Court cannot make a final order unless it is satisfied of the grounds of the order.
This limitation does not apply to interim orders. The Court may make an interim order without being satisfied of the grounds of the order.
When the Court makes an intervention order, it has to consider whether to exclude the Respondent from the protected person’s residence. When the Respondent is a child, the Court must consider additional factors. These include the desirability of the child being supported to gain access to educational and health services and the desirability of allowing education, training or employment to continue without interruption.
The Court can only order an exclusion condition if it is satisfied that a child would have appropriate alternative accommodation, care and supervision.
If the Respondent child is an Aboriginal or Torres Strait Islander child, the court must consider further factors.
The duration of the order against a Respondent child cannot exceed 12 months unless there are exceptional circumstances.
The Court is not permitted to make a counselling order against a Respondent child.