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Who may appeal?

Who may appeal a magistrate's decision?

A party to a proceeding for a final family violence intervention order may appeal against an order or a refusal to make an order if a legal, factual or discretionary error in the magistrate’s decision can be demonstrated. Although there are some exceptions, including:

  • only a respondent can appeal an order for counselling
  • an applicant, who is not the protected person can only appeal with the consent of the protected person
  • if the only protected person is a child, an applicant cannot appeal the matter without consent from the parent or guardian) of the child.

There is no right of appeal against the making of an interim order or a refusal to make an interim order.

See ss. 114, 118—Family Violence Protection Act 2008 (Vic)(opens in a new window) and Interim orders.