QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.39Hearing of application—non-appearance of respondent
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### sec.39 Hearing of application—non-appearance of respondent
This section applies if a respondent fails to appear before the court that is to hear and decide an application for a protection order and the court is satisfied that the respondent has been served with a copy of the application.
If a respondent has been served with a police protection notice, because of section 112 , the respondent is taken to have been served with a copy of an application for a protection order.
The court may—
hear and decide the application in the absence of the respondent; or
adjourn the application, whether or not it makes a temporary protection order under division 2 ; or
subject to section 156 (1) , order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court.
(sec.39-ssec.1) This section applies if a respondent fails to appear before the court that is to hear and decide an application for a protection order and the court is satisfied that the respondent has been served with a copy of the application. If a respondent has been served with a police protection notice, because of section 112 , the respondent is taken to have been served with a copy of an application for a protection order.
(sec.39-ssec.2) The court may— hear and decide the application in the absence of the respondent; or adjourn the application, whether or not it makes a temporary protection order under division 2 ; or subject to section 156 (1) , order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court.
- (a) hear and decide the application in the absence of the respondent; or
- (b) adjourn the application, whether or not it makes a temporary protection order under division 2 ; or
- (c) subject to section 156 (1) , order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court.