Decision at hearing
48 Decision at hearing
(1) Subject to subsections (3) and (4), at the hearing the Court may, by order:
confirm the police DVO (with or without variation); or
revoke the police DVO.
(2) For subsection (1)(a), the Court may vary the police DVO for a period specified in the order.
The Court must not confirm a police DVO unless the Court:
(a) is satisfied that the respondent was given a copy of the police DVO; and
(b) considers any evidence before it and submissions from the parties to the police DVO.
(4) A police DVO must not be revoked unless the Court determines that:
the grounds in section 18 were not satisfied; or
the DVO is inconsistent with any of the objects of this Act.
(5) If the Court confirms a police DVO (with or without variation) under subsection (1)(a), the Court must complete a form of order for the court DVO on the same terms as the police DVO (subject to any variation under subsection (1)(a)).
(6) Despite subsection (5), if the Court confirms a police DVO under subsection (1)(a), at a hearing at which the respondent did not appear, with a variation that results in more onerous restraints, prohibitions, obligations or requirements imposed on the respondent, the Court must not complete the form of order until after the further hearing mentioned in section 49(2).
Notes for section 48
1 A police DVO confirmed under this section becomes a court DVO and can be extended, varied or revoked under Parts 2.6, 2.7, 2.8 and 2.9.
2 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.
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