QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.34Service of application
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### sec.34 Service of application
A police officer must personally serve the copy of the application prepared under section 33 (1) or (2) (a) on the respondent.
Under section 36 an applicant may ask the court for a hearing before the application is served on the respondent.
The copy of the application must state that, if the respondent does not appear in court—
a domestic violence order may be made in the respondent’s absence; or
the court may issue a warrant for the respondent to be taken into custody by a police officer if the court believes that it is necessary for the respondent to be heard.
To remove any doubt, it is declared that, if an application for a protection order is made by a police officer, the application may be served on the respondent before the application is filed in the court.
Section 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.
s 34 amd 2016 No. 51 s 73 sch 1 ; 2021 No. 23 s 8
(sec.34-ssec.1) A police officer must personally serve the copy of the application prepared under section 33 (1) or (2) (a) on the respondent. Under section 36 an applicant may ask the court for a hearing before the application is served on the respondent.
(sec.34-ssec.2) The copy of the application must state that, if the respondent does not appear in court— a domestic violence order may be made in the respondent’s absence; or the court may issue a warrant for the respondent to be taken into custody by a police officer if the court believes that it is necessary for the respondent to be heard.
(sec.34-ssec.3) To remove any doubt, it is declared that, if an application for a protection order is made by a police officer, the application may be served on the respondent before the application is filed in the court. Section 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.
- (a) a domestic violence order may be made in the respondent’s absence; or
- (b) the court may issue a warrant for the respondent to be taken into custody by a police officer if the court believes that it is necessary for the respondent to be heard.