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Act index » Chapter 8 - General » Part 8.2 - Witnesses » Division 7B - Use of recorded evidence-in-chief of complainant in family violence offence proceedings
387K Use of recorded statement in family violence intervention order proceeding
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(1)This section applies if—
(a)an application for a family violence intervention order under the Family Violence Protection Act 2008 arises from the circumstances of the alleged family violence offence in relation to which a recorded statement has been made (whether or not the statement has been used in proceedings referred to in section 387D(1) or whether or not any such proceedings have commenced); or
(b)in a proceeding for a family violence intervention order under the Family Violence Protection Act 2008 an affected family member is the complainant who made a recorded statement and the respondent is the person accused of the family violence offence to which the statement relates (whether or not the statement has been used in proceedings referred to in section 387D(1) or whether or not any such proceedings have commenced).
Section 387L sets out the circumstances in which the respondent may be given, or is not permitted to possess, a copy of the recorded statement and the form in which that statement may be given—see section 387L(3), (4), (5) and (6).