Domestic and Family Violence Act 2007

If the Court confirms a police DVO under section 48(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 respondent has a period of 42 days after the day the varied police DVO is confirmed within which to object to the police DVO and the variation; and

if the Court has an address for service or other fixed address for the respondent – the Court must arrange for the respondent to be personally served with an invitation (in the approved form) to express an opinion on the confirmation of the varied police DVO and give that opinion (in the approved form) to the Court; and

the Court must set a further hearing for confirmation of the varied police DVO on a date specified by the Court; and

the Court must notify the parties of the date and place of the further hearing; and

to avoid doubt, the police DVO as varied remains in force during the period before the date specified by the Court for the further hearing for confirmation of the varied police DVO.

The Court must at the further hearing for confirmation of the varied police DVO:

consider any opinion expressed by the respondent in the approved form returned under subsection (1)(b); and

if the respondent appears at the further hearing – consider any submission of the respondent given in the approved form; and

if the respondent does not appear at the further hearing –

confirm the police DVO as varied under section 48; and

subject to paragraph (c), confirm the police DVO (with or without variation) or revoke the police DVO under section 48.