sec.44When court may make temporary protection order

### sec.44 When court may make temporary protection order A court may make a temporary protection order if— the court adjourns the hearing of an application for a protection order; or the court adjourns the hearing of an application for a variation of a domestic violence order; or the court adjourns a proceeding mentioned in section 42 or 43 ; 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 an application for a temporary protection order is made to the court by a police officer under part 4 , division 4 . For subsection (1) (a) — if the application is a police protection direction taken to be an application for a protection order under section 100ZB (1) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— are stated in a statement mentioned in section 100ZA (1) (c) ; or have otherwise been made known to the court; and if the application is an application for a review of a police protection direction taken to be an application for a protection order under section 100ZB (2) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— are stated in the application for the review; or have otherwise been made known to the court; and if the application is a police protection notice taken to be an application for a protection order under section 112 , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— are stated in the police protection notice; or are stated in a statement mentioned in section 111 (3) that has been filed under that section; or have otherwise been made known to the court. s 44 amd 2016 No. 51 s 5 ; 2021 No. 23 s 10 ; 2025 No. 18 s 12 (sec.44-ssec.1) A court may make a temporary protection order if— the court adjourns the hearing of an application for a protection order; or the court adjourns the hearing of an application for a variation of a domestic violence order; or the court adjourns a proceeding mentioned in section 42 or 43 ; 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 an application for a temporary protection order is made to the court by a police officer under part 4 , division 4 . (sec.44-ssec.2) For subsection (1) (a) — if the application is a police protection direction taken to be an application for a protection order under section 100ZB (1) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— are stated in a statement mentioned in section 100ZA (1) (c) ; or have otherwise been made known to the court; and if the application is an application for a review of a police protection direction taken to be an application for a protection order under section 100ZB (2) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— are stated in the application for the review; or have otherwise been made known to the court; and if the application is a police protection notice taken to be an application for a protection order under section 112 , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— are stated in the police protection notice; or are stated in a statement mentioned in section 111 (3) that has been filed under that section; or have otherwise been made known to the court. - (a) the court adjourns the hearing of an application for a protection order; or - (b) the court adjourns the hearing of an application for a variation of a domestic violence order; or - (c) the court adjourns a proceeding mentioned in section 42 or 43 ; or - (d) 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 - (e) 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 - (f) an application for a temporary protection order is made to the court by a police officer 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 - (a) if the application is a police protection direction taken to be an application for a protection order under section 100ZB (1) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— (i) are stated in a statement mentioned in section 100ZA (1) (c) ; or (ii) have otherwise been made known to the court; and - (i) are stated in a statement mentioned in section 100ZA (1) (c) ; or - (ii) have otherwise been made known to the court; and - (b) if the application is an application for a review of a police protection direction taken to be an application for a protection order under section 100ZB (2) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— (i) are stated in the application for the review; or (ii) have otherwise been made known to the court; and - (i) are stated in the application for the review; or - (ii) have otherwise been made known to the court; and - (c) if the application is a police protection notice taken to be an application for a protection order under section 112 , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— (i) are stated in the police protection notice; or (ii) are stated in a statement mentioned in section 111 (3) that has been filed under that section; or (iii) have otherwise been made known to the court. - (i) are stated in the police protection notice; or - (ii) are stated in a statement mentioned in section 111 (3) that has been filed under that section; or - (iii) have otherwise been made known to the court. - (i) are stated in a statement mentioned in section 100ZA (1) (c) ; or - (ii) have otherwise been made known to the court; and - (i) are stated in the application for the review; or - (ii) have otherwise been made known to the court; and - (i) are stated in the police protection notice; or - (ii) are stated in a statement mentioned in section 111 (3) that has been filed under that section; or - (iii) have otherwise been made known to the court.