sec.50Withdrawal of DFVP application

sec.50 Withdrawal of DFVP application

The applicant for a domestic violence order or the variation of a domestic violence order may withdraw the applicant’s DFVP application before a DFVP court decides the application in 1 of the following ways— orally during a proceeding in a DFVP court; in writing to the clerk of the DFVP court (an application to withdraw ). An application to withdraw must state the following— the name of the applicant; the role of the person in the proceeding that is to be withdrawn, including whether the person is, represents or is acting on behalf of, a party to the proceeding; the proceeding in which the application is to be withdrawn, including the name of the parties and the file number; the date of the next court appearance for the proceeding, if the person knows the date. If the clerk of the DFVP court receives an application to withdraw, the clerk must send a copy to the officer in charge of the nearest police station for service on each person who— is a party in the proceeding, other than the applicant; and has been served with a copy of the DFVP application. A police officer must personally serve a copy of the application to withdraw on each person mentioned in subrule (3) . A DFVP court may decide an application to withdraw without the parties appearing, unless a DFVP court orders otherwise. r 50 amd 2017 SL No. 192 s 6 (sec.50-ssec.1) The applicant for a domestic violence order or the variation of a domestic violence order may withdraw the applicant’s DFVP application before a DFVP court decides the application in 1 of the following ways— orally during a proceeding in a DFVP court; in writing to the clerk of the DFVP court (an application to withdraw ). (sec.50-ssec.2) An application to withdraw must state the following— the name of the applicant; the role of the person in the proceeding that is to be withdrawn, including whether the person is, represents or is acting on behalf of, a party to the proceeding; the proceeding in which the application is to be withdrawn, including the name of the parties and the file number; the date of the next court appearance for the proceeding, if the person knows the date. (sec.50-ssec.3) If the clerk of the DFVP court receives an application to withdraw, the clerk must send a copy to the officer in charge of the nearest police station for service on each person who— is a party in the proceeding, other than the applicant; and has been served with a copy of the DFVP application. (sec.50-ssec.4) A police officer must personally serve a copy of the application to withdraw on each person mentioned in subrule (3) . (sec.50-ssec.5) A DFVP court may decide an application to withdraw without the parties appearing, unless a DFVP court orders otherwise.

• (a) orally during a proceeding in a DFVP court;
• (b) in writing to the clerk of the DFVP court (an application to withdraw ).