sec.22Directions that may be issued by DFVP court for proceeding

sec.22 Directions that may be issued by DFVP court for proceeding

The DFVP court may issue a direction about any of the following for a proceeding— that an application be amended, and how the application is to be amended; that an applicant give further particulars about his or her application; that evidence given by a person be given by affidavit; how and when an affidavit is to be filed and served on the other parties in the proceeding; that a person give further details of a matter in the affidavit, and how the further details are to be given; that a person who has given an affidavit attend, or not attend, a proceeding; how a respondent may cross-examine an aggrieved or a named person; A DFVP court may make an order that the respondent who is not represented by a lawyer may not cross-examine a protected witness under the DFVP Act , section 151 . how a respondent’s lawyer may cross-examine an aggrieved, named person or child; that scandalous or oppressive matter in an affidavit be removed from the affidavit; that a scandalous or oppressive document be removed from the file; that a party to the proceeding may appear and make submissions by telephone, video link or another form of communication, including conditions about the appearance and submissions; that evidence may be received by telephone, video link or another form of communication, including conditions about how the evidence may be received; that a document, particular documents or a class of documents be disclosed to a party in the proceeding, and how disclosure is to happen; if a person is to be specifically named in a domestic violence order and the application is to be served in a way other than rule 18 —the way the person is to be notified; that a named person give evidence in a proceeding; how and when a subpoena is to be served; that the police commissioner give the DFVP court a copy of a respondent’s criminal history and domestic violence history for a proceeding under the DFVP Act , section 42 or 43 . Also, subrule (3) applies if, in a proceeding that is a DFVP application, the DFVP court considers it is necessary to have a respondent’s current criminal history and domestic violence history because of the time that has passed since a copy of the respondent’s criminal history and domestic violence history was filed in or given to the court under the DFVP Act , section 36A or 90A . The DFVP court may issue a direction that the police commissioner give the court a copy of the respondent’s current criminal history and domestic violence history. If the DFVP court issues a direction under subrule (1) (q) or (3) — the direction applies only to information— in the police commissioner’s possession; or that, under a law, the police commissioner is permitted to access and give to the court to be used in a proceeding under the DFVP Act ; and any domestic violence history given to the court must, if the respondent’s domestic violence history includes a domestic violence order made or varied with the respondent’s consent under the DFVP Act , section 51 , state that fact. r 22 amd 2023 SL No. 96 s 13 (sec.22-ssec.1) The DFVP court may issue a direction about any of the following for a proceeding— that an application be amended, and how the application is to be amended; that an applicant give further particulars about his or her application; that evidence given by a person be given by affidavit; how and when an affidavit is to be filed and served on the other parties in the proceeding; that a person give further details of a matter in the affidavit, and how the further details are to be given; that a person who has given an affidavit attend, or not attend, a proceeding; how a respondent may cross-examine an aggrieved or a named person; A DFVP court may make an order that the respondent who is not represented by a lawyer may not cross-examine a protected witness under the DFVP Act , section 151 . how a respondent’s lawyer may cross-examine an aggrieved, named person or child; that scandalous or oppressive matter in an affidavit be removed from the affidavit; that a scandalous or oppressive document be removed from the file; that a party to the proceeding may appear and make submissions by telephone, video link or another form of communication, including conditions about the appearance and submissions; that evidence may be received by telephone, video link or another form of communication, including conditions about how the evidence may be received; that a document, particular documents or a class of documents be disclosed to a party in the proceeding, and how disclosure is to happen; if a person is to be specifically named in a domestic violence order and the application is to be served in a way other than rule 18 —the way the person is to be notified; that a named person give evidence in a proceeding; how and when a subpoena is to be served; that the police commissioner give the DFVP court a copy of a respondent’s criminal history and domestic violence history for a proceeding under the DFVP Act , section 42 or 43 . (sec.22-ssec.2) Also, subrule (3) applies if, in a proceeding that is a DFVP application, the DFVP court considers it is necessary to have a respondent’s current criminal history and domestic violence history because of the time that has passed since a copy of the respondent’s criminal history and domestic violence history was filed in or given to the court under the DFVP Act , section 36A or 90A . (sec.22-ssec.3) The DFVP court may issue a direction that the police commissioner give the court a copy of the respondent’s current criminal history and domestic violence history. (sec.22-ssec.4) If the DFVP court issues a direction under subrule (1) (q) or (3) — the direction applies only to information— in the police commissioner’s possession; or that, under a law, the police commissioner is permitted to access and give to the court to be used in a proceeding under the DFVP Act ; and any domestic violence history given to the court must, if the respondent’s domestic violence history includes a domestic violence order made or varied with the respondent’s consent under the DFVP Act , section 51 , state that fact.