109Application made by respondent for variation or revocation of family violence intervention order

109 Application made by respondent for variation or revocation of family violence intervention order (1) For the purposes of section 108(1)(a), the respondent for a family violence intervention order may apply for the variation or revocation of the order only if the court has given leave for the respondent to make the application. S. 109(2) amended by No. 33/2018 s. 109(1)(a). (2) Except as provided by subsection (2A), the court may grant leave under subsection (1) only if the court is satisfied that— (a) there has been a change in circumstances since the family violence intervention order was made; and S. 109(2)(b) amended by No. 33/2018 s. 109(1)(b). (b) the change may justify a variation or revocation of the order; and S. 109(2)(c) inserted by No. 33/2018 s. 109(1)(c). (c) in the case of an interim order, it is in the interests of justice that the application be determined immediately, rather than waiting for the hearing of the application for the final order. S. 109(2A) inserted by No. 33/2018 s. 109(2). (2A) In the case of an interim order made when the respondent was not present— (a) the court may grant leave under subsection (1) if the court is satisfied that it is in the interests of justice to do so, having regard to the reasons the respondent was not present when the order was made; and (b) if the court grants leave, it may, instead of varying or revoking the order, set aside the order if the court is satisfied that there are exceptional circumstances that justify setting aside the order. S. 109(2B) inserted by No. 33/2018 s. 109(2). (2B) Subsection (2A) applies only if the respondent seeks leave within 21 days after the day on which a copy of the order was served on the respondent. S. 109(2C) inserted by No. 33/2018 s. 109(2). (2C) The court may extend the time referred to in subsection (2B) if the court is satisfied that there are exceptional circumstances. S. 109(3) inserted by No. 53/2016 s. 53. (3) This section does not apply to an application by the respondent to vary or revoke a recognised DVO.