DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 78 Deciding application

DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 78

    (1)     In deciding whether to make an order under this Division to vary or revoke a court DVO, the Court must consider the same matters required to be considered in deciding:

        (a)     whether to make a DVO; and

        (b)     the terms of a DVO.

Note for subsection (1)

Part 2.2 provides for the matters to be considered in making a DVO and Part 2.3 provides for the content of a DVO.

    (2)     The Court may decide the application even if:

        (a)     the respondent was not given an opportunity to answer any allegation in it; and

        (b)     another person, other than a protected person who is an adult or a young person, has a direct interest in the outcome and did not have an opportunity to be heard on the matter.

    (3)     Despite subsection (1), the Court may make an order varying or revoking the court DVO without complying with that subsection if the Court is satisfied that exceptional circumstances justify making the order.