49Respondent not present at return of application

49 Respondent not present at return of application (1) This section applies to an application for a protection order if the respondent— (a) has been served with a copy of the application and timing notice under section 40 or section 41; and (b) is not present, personally or by a representative, at a time when the application is returned before the Magistrates Court. (2) The Magistrates Court must— (a) decide the application in the respondent’s absence; or (b) if the court considers it appropriate— (i) issue a warrant for the respondent to be arrested and brought before the court; and (ii) adjourn the proceeding until the respondent is brought (3) This section does not prevent the Magistrates Court from making an interim order in the proceeding.