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Domestic and Family Violence Protection Act 2012
sec.27When can a court make a temporary protection order
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### sec.27 When can a court make a temporary protection order
A court can make a temporary protection order if—
the court adjourns a proceeding mentioned in section 44 (1) (a) , (b) or (c) ; or
the applicant for a protection order has asked the clerk of the court under section 36 for the application to be heard by the court—
before the application is served on the respondent; or
before the application is served on the respondent and without the applicant giving the court a verification declaration; or
the applicant for the variation of a protection order has asked the clerk of the court under section 90 for the application to be heard by the court—
before the application is served on the respondent; or
before the application is served on the respondent and without the applicant giving the court a variation declaration; or
a police officer applies for a temporary protection order under part 4 , division 4 .
s 27 amd 2021 No. 23 s 6 ; 2022 No. 12 s 52 sch 1 pt 1
- (a) the court adjourns a proceeding mentioned in section 44 (1) (a) , (b) or (c) ; or
- (b) the applicant for a protection order has asked the clerk of the court under section 36 for the application to be heard by the court— (i) before the application is served on the respondent; or (ii) before the application is served on the respondent and without the applicant giving the court a verification declaration; or
- (i) before the application is served on the respondent; or
- (ii) before the application is served on the respondent and without the applicant giving the court a verification declaration; or
- (c) the applicant for the variation of a protection order has asked the clerk of the court under section 90 for the application to be heard by the court— (i) before the application is served on the respondent; or (ii) before the application is served on the respondent and without the applicant giving the court a variation declaration; or
- (i) before the application is served on the respondent; or
- (ii) before the application is served on the respondent and without the applicant giving the court a variation declaration; or
- (d) a police officer applies for a temporary protection order under part 4 , division 4 .
- (i) before the application is served on the respondent; or
- (ii) before the application is served on the respondent and without the applicant giving the court a verification declaration; or
- (i) before the application is served on the respondent; or
- (ii) before the application is served on the respondent and without the applicant giving the court a variation declaration; or