sec.88Service of application

### sec.88 Service of application If the applicant for the variation of the domestic violence order is a person other than the respondent, a police officer must personally serve the copy of the application prepared under section 87 (1) or (2) (a) on the respondent. Under section 90 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— the court may hear and decide the application 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. If the applicant for the variation is the respondent, a police officer must personally serve the copy of the application prepared under section 87 (1) or (2) (a) on— the aggrieved; and any named person who is affected by the application for the variation. To remove any doubt, it is declared that, if an application for a variation of a domestic violence 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 88 amd 2016 No. 51 s 73 sch 1 ; 2021 No. 23 s 14 (sec.88-ssec.1) If the applicant for the variation of the domestic violence order is a person other than the respondent, a police officer must personally serve the copy of the application prepared under section 87 (1) or (2) (a) on the respondent. Under section 90 an applicant may ask the court for a hearing before the application is served on the respondent. (sec.88-ssec.2) The copy of the application must state that, if the respondent does not appear in court— the court may hear and decide the application 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.88-ssec.3) If the applicant for the variation is the respondent, a police officer must personally serve the copy of the application prepared under section 87 (1) or (2) (a) on— the aggrieved; and any named person who is affected by the application for the variation. (sec.88-ssec.4) To remove any doubt, it is declared that, if an application for a variation of a domestic violence 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) the court may hear and decide the application 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. - (a) the aggrieved; and - (b) any named person who is affected by the application for the variation.