QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.49Temporary protection order in relation to particular adjourned applications
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### sec.49 Temporary protection order in relation to particular adjourned applications
This section applies if, under section 41E , the court adjourns the hearing of a cross application or a variation application.
The court must consider making a temporary protection order in relation to the application.
However, the court may make a temporary protection order only if satisfied the order is necessary or desirable to protect the aggrieved, or another person, named in the application pending a decision on the application.
To remove any doubt, it is declared that this section—
applies in addition to section 45 ; and
does not affect the court’s power to make a temporary protection order under this division in relation to an original application or an application to vary an original protection order.
s 49 sub 2015 No. 34 s 7
(sec.49-ssec.1) This section applies if, under section 41E , the court adjourns the hearing of a cross application or a variation application.
(sec.49-ssec.2) The court must consider making a temporary protection order in relation to the application.
(sec.49-ssec.3) However, the court may make a temporary protection order only if satisfied the order is necessary or desirable to protect the aggrieved, or another person, named in the application pending a decision on the application.
(sec.49-ssec.4) To remove any doubt, it is declared that this section— applies in addition to section 45 ; and does not affect the court’s power to make a temporary protection order under this division in relation to an original application or an application to vary an original protection order. s 49 sub 2015 No. 34 s 7
- (a) applies in addition to section 45 ; and
- (b) does not affect the court’s power to make a temporary protection order under this division in relation to an original application or an application to vary an original protection order.