sec.91When court can vary domestic violence order

### sec.91 When court can vary domestic violence order A court may vary a domestic violence order— on an application to vary it; or on its own initiative under section 42 or 43 . Before it varies a domestic violence order, the court must consider— the grounds set out in the application for the protection order; and the findings of the court that made the domestic violence order. Also, before the court varies a domestic violence order— if an intervention order or a diversion order has previously been made against the respondent and the respondent has failed to comply with the order—the court must consider the respondent’s failure to comply with the order; or if an intervention order or a diversion order has previously been made against the respondent and the respondent has complied with the order—the court may consider the respondent’s compliance with the order; or the court may consider the respondent’s criminal history and domestic violence history if, in the court’s opinion, it is relevant to do so. The police commissioner is required to ensure a copy of the respondent’s criminal history and domestic violence history is filed in or given to the court. See section 90A . However, the court must not decide to vary a domestic violence order merely because the respondent has complied with an intervention order or a diversion order previously made against the respondent. If the court varies a domestic violence order, the court must make a copy of the domestic violence order that states— the details of the domestic violence order after the variation; and the conditions of the domestic violence order after the variation. The copy of the domestic violence order prepared by the court under subsection (5) is called the varied order . s 91 amd 2016 No. 51 s 15 ; 2023 No. 1 s 45 ; 2024 No. 5 s 39 (sec.91-ssec.1) A court may vary a domestic violence order— on an application to vary it; or on its own initiative under section 42 or 43 . (sec.91-ssec.2) Before it varies a domestic violence order, the court must consider— the grounds set out in the application for the protection order; and the findings of the court that made the domestic violence order. (sec.91-ssec.3) Also, before the court varies a domestic violence order— if an intervention order or a diversion order has previously been made against the respondent and the respondent has failed to comply with the order—the court must consider the respondent’s failure to comply with the order; or if an intervention order or a diversion order has previously been made against the respondent and the respondent has complied with the order—the court may consider the respondent’s compliance with the order; or the court may consider the respondent’s criminal history and domestic violence history if, in the court’s opinion, it is relevant to do so. The police commissioner is required to ensure a copy of the respondent’s criminal history and domestic violence history is filed in or given to the court. See section 90A . (sec.91-ssec.4) However, the court must not decide to vary a domestic violence order merely because the respondent has complied with an intervention order or a diversion order previously made against the respondent. (sec.91-ssec.5) If the court varies a domestic violence order, the court must make a copy of the domestic violence order that states— the details of the domestic violence order after the variation; and the conditions of the domestic violence order after the variation. (sec.91-ssec.6) The copy of the domestic violence order prepared by the court under subsection (5) is called the varied order . - (a) on an application to vary it; or - (b) on its own initiative under section 42 or 43 . - (a) the grounds set out in the application for the protection order; and - (b) the findings of the court that made the domestic violence order. - (a) if an intervention order or a diversion order has previously been made against the respondent and the respondent has failed to comply with the order—the court must consider the respondent’s failure to comply with the order; or - (b) if an intervention order or a diversion order has previously been made against the respondent and the respondent has complied with the order—the court may consider the respondent’s compliance with the order; or - (c) the court may consider the respondent’s criminal history and domestic violence history if, in the court’s opinion, it is relevant to do so. Note— The police commissioner is required to ensure a copy of the respondent’s criminal history and domestic violence history is filed in or given to the court. See section 90A . - (a) the details of the domestic violence order after the variation; and - (b) the conditions of the domestic violence order after the variation.