DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 67 Deciding application
DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 67
Deciding application(1) In deciding whether to make an order varying or revoking a DVO, the magistrate 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 magistrate may:
(a) refuse to make an order varying the DVO; or
(b) by order vary the DVO.
(3) The magistrate may decide the application even if:
(a) the defendant has not been given an opportunity to answer any allegation in it; or
(b) another person who has a direct interest in the outcome has not had an opportunity to be heard on the matter.