Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 1989 - SECT 49

49 Non-appearance of respondent

(1) This section applies if a respondent fails to appear before the court that is to hear and determine the matter of the application for a protection order and the court is satisfied that the respondent has been given the documents mentioned in any of the following paragraphs--

(a) a copy of the application and any summons issued under section 47;
(b) a copy of the application and the temporary protection order made because of the application;
(c) a copy of the application and a copy of the conditions on which the person was released from the holding cell or watch-house under section 71 that set out the time and place for the hearing of the application.

(2) The court may--

(a) proceed to hear and determine the matter of the application in the absence of the respondent; or
(b) adjourn the matter of the application (whether or not it makes a temporary protection order); or
(c) subject to section 59(1), order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court.

(3) Any justice may issue a warrant for the purposes of subsection (2)(c).



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