DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 48 Who may apply for variation or revocation

DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 48

    (1)     Any of the following persons may apply to the Court for an order varying or revoking a DVO:

    (a)     a protected person if the person is an adult or young person;

    (b)     a police officer or adult acting for a protected person;

    (c)     the defendant;

    (d)     a person granted leave by the Court to make the application.

    (2)     An application may be made by, or for, only 1 person even though more than 1 protected person is named in the DVO.

    (3)     The defendant may apply for the order only with the leave of the Court.

    (4)     The Court may grant leave to the defendant only if satisfied there has been a substantial change in the relevant circumstances since the DVO was made or last varied.

    (5)     Without limiting subsection (4), a substantial change in the relevant circumstances may arise if:

    (a)     there has been a change in circumstances relating to affected children including, for example, their care arrangements; or

    (b)     the defendant satisfactorily completes a rehabilitation program.