QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.93Hearing of application—appearance of respondent
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### sec.93 Hearing of application—appearance of respondent
This section applies if a respondent appears before the court that is to hear and decide an application for a variation of a domestic violence order.
The court may—
hear and decide the application; or
adjourn the application, whether or not it makes a temporary protection order under division 2 ; or
subject to subsection (3) , dismiss the application without deciding it.
The court may dismiss the application without deciding it only if—
the applicant for the variation is a person other than the respondent; and
the applicant has not appeared; and
if the applicant is a police officer—no other police officer or service legal officer has requested an adjournment; and
no other person eligible to apply for the variation has appeared.
The dismissal of an application does not affect the right of the applicant to make a further application against the respondent.
(sec.93-ssec.1) This section applies if a respondent appears before the court that is to hear and decide an application for a variation of a domestic violence order.
(sec.93-ssec.2) The court may— hear and decide the application; or adjourn the application, whether or not it makes a temporary protection order under division 2 ; or subject to subsection (3) , dismiss the application without deciding it.
(sec.93-ssec.3) The court may dismiss the application without deciding it only if— the applicant for the variation is a person other than the respondent; and the applicant has not appeared; and if the applicant is a police officer—no other police officer or service legal officer has requested an adjournment; and no other person eligible to apply for the variation has appeared.
(sec.93-ssec.4) The dismissal of an application does not affect the right of the applicant to make a further application against the respondent.
- (a) hear and decide the application; or
- (b) adjourn the application, whether or not it makes a temporary protection order under division 2 ; or
- (c) subject to subsection (3) , dismiss the application without deciding it.
- (a) the applicant for the variation is a person other than the respondent; and
- (b) the applicant has not appeared; and
- (c) if the applicant is a police officer—no other police officer or service legal officer has requested an adjournment; and
- (d) no other person eligible to apply for the variation has appeared.