DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 56 Deciding application

DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 56

    (1)     In deciding whether to make an order varying a DVO, the Court or clerk must consider the same matters required to be considered in deciding:

    (a)     whether or not to make a DVO; and

    (b)     the terms of a DVO.

Note

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 or clerk may decide the application even if:

    (a)     the defendant has not been given an opportunity to answer any allegation in it; and

    (b)     another person who has a direct interest in the outcome has not had an opportunity to be heard on the matter.