sec.92Considerations of court when variation may adversely affect aggrieved or named person

### sec.92 Considerations of court when variation may adversely affect aggrieved or named person This section applies if the court considers that a variation proposed to be made to a domestic violence order may adversely affect the safety, protection or wellbeing of the aggrieved or any named person. a variation to reduce the duration of an order a variation to remove a condition of an order a variation to remove a named person from an order In considering whether to make the variation, the court must have regard to— any expressed wishes of the aggrieved or named person; and any current contact between the aggrieved or named person and the respondent; and whether any pressure has been applied, or threat has been made, to the aggrieved or named person by the respondent or someone else for the respondent; and the principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount; and any other relevant matter. The court may vary the order only if the court considers— the safety, protection or wellbeing of the aggrieved or the named person would not be adversely affected by the variation; and if the variation is to reduce the duration of the order—there are reasons for doing so. s 92 amd 2016 No. 51 s 16 (sec.92-ssec.1) This section applies if the court considers that a variation proposed to be made to a domestic violence order may adversely affect the safety, protection or wellbeing of the aggrieved or any named person. a variation to reduce the duration of an order a variation to remove a condition of an order a variation to remove a named person from an order (sec.92-ssec.2) In considering whether to make the variation, the court must have regard to— any expressed wishes of the aggrieved or named person; and any current contact between the aggrieved or named person and the respondent; and whether any pressure has been applied, or threat has been made, to the aggrieved or named person by the respondent or someone else for the respondent; and the principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount; and any other relevant matter. (sec.92-ssec.3) The court may vary the order only if the court considers— the safety, protection or wellbeing of the aggrieved or the named person would not be adversely affected by the variation; and if the variation is to reduce the duration of the order—there are reasons for doing so. - • a variation to reduce the duration of an order - • a variation to remove a condition of an order - • a variation to remove a named person from an order - (a) any expressed wishes of the aggrieved or named person; and - (b) any current contact between the aggrieved or named person and the respondent; and - (c) whether any pressure has been applied, or threat has been made, to the aggrieved or named person by the respondent or someone else for the respondent; and - (d) the principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount; and - (e) any other relevant matter. - (a) the safety, protection or wellbeing of the aggrieved or the named person would not be adversely affected by the variation; and - (b) if the variation is to reduce the duration of the order—there are reasons for doing so.