48Decision at hearing

48 Decision at hearing (1) Subject to subsections (3) and (4), at the hearing the Court may, by order: (a) confirm the police DVO (with or without variation); or (b) revoke the police DVO. (2) For subsection (1)(a), the Court may vary the police DVO for a period specified in the order. (3) The Court must not confirm a police DVO unless the Court: (a) is satisfied that the respondent was given a copy of the police (b) considers any evidence before it and submissions from the parties to the police DVO. (4) A police DVO must not be revoked unless the Court determines (a) the grounds in section 18 were not satisfied; or (b) the DVO is inconsistent with any of the objects of this Act. (5) If the Court confirms a police DVO (with or without variation) under subsection (1)(a), the Court must complete a form of order for the court DVO on the same terms as the police DVO (subject to any variation under subsection (1)(a)).

Domestic and Family Violence Act 2007 39 (6) Despite subsection (5), if the Court confirms a police DVO under subsection (1)(a), at a hearing at which the respondent did not appear, with a variation that results in more onerous restraints, respondent, the Court must not complete the form of order until after the further hearing mentioned in section 49(2). Notes for section 48 1 A police DVO confirmed under this section becomes a court DVO and can be extended, varied or revoked under Parts 2.6, 2.7, 2.8 and 2.9. 2 Part 2.2 provides for the matters to be considered in making a DVO and 49 Respondent failing to appear at hearing (1) If the Court confirms a police DVO under section 48(1)(a), at a hearing at which the respondent did not appear, with a variation that results in more onerous restraints, prohibitions, obligations or requirements imposed on the respondent: (a) the respondent has a period of 42 days after the day the varied police DVO is confirmed within which to object to the police DVO and the variation; and (b) if the Court has an address for service or other fixed address for the respondent – the Court must arrange for the respondent to be personally served with an invitation (in the approved form) to express an opinion on the confirmation of the varied police DVO and give that opinion (in the approved form) to the Court; and (c) the Court must set a further hearing for confirmation of the varied police DVO on a date specified by the Court; and (d) the Court must notify the parties of the date and place of the further hearing; and (e) to avoid doubt, the police DVO as varied remains in force during the period before the date specified by the Court for the further hearing for confirmation of the varied police DVO. (2) The Court must at the further hearing for confirmation of the varied police DVO: (a) consider any opinion expressed by the respondent in the approved form returned under subsection (1)(b); and (b) if the respondent appears at the further hearing – consider any submission of the respondent given in the approved form; and