32Powers of court in relation to provisional order

#### 32 Powers of court in relation to provisional order 32 Powers of court in relation to provisional order > > (1) On the first return date for a provisional order, the court may— > > > > > (a) dismiss the application taken to be made under Part 10, or > > > > > (b) revoke the provisional order, or > > > > > (c) make, in the same terms as the provisional order or with variations— > > > > > > > (i) an interim court order, or > > > > > > > (ii) a final apprehended violence order. > > > (2) If the court does none of the things in subsection (1)(a)–(c)— > > > > > (a) the provisional order becomes an interim court order— > > > > > > > (i) that is taken to have been made on the first return date, and > > > > > > > (ii) on the same terms as the provisional order, and > > > > > (b) further service of the order— > > > > > > > (i) is not required, if the provisional order was served on the defendant, and > > > > > > > (ii) is not required, if the defendant is present at court, whether the provisional order was served on the defendant or not, and > > > > > > > (iii) is required, if the provisional order was not served on the defendant and the defendant is not present at court. > > > (3) If the court makes an interim court order or a final apprehended violence order under subsection (1)(c), the provisional order is revoked— > > > > > (a) if further service of the order is not required—on the making of the order, or > > > > > (b) if further service of the order is required—when the order is served. > > > (4) If the court makes an interim court order without variations, further service of the order— > > > > > (a) is not required, if the provisional order was served on the defendant, and > > > > > (b) is not required, if the defendant is present at court, whether the provisional order was served on the defendant or not, and > > > > > (c) is required, if the provisional order was not served on the defendant and the defendant is not present at court. > > > (5) If the court makes an interim court order with variations or makes a final apprehended violence order, further service of the order— > > > > > (a) is not required, if the defendant is present at court, and > > > > > (b) is required, if the defendant is not present at court. > > **s 32:** Subst 2016 No 33, Sch 1 \[14\]. Am 2020 No 36, Sch 1\[7\]. Subst 2024 No 3, Sch 3\[2\]; 2024 No 59, Sch 1\[7\].