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s 52

Who may apply for court DVO

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Chapter 2Domestic violence orders
Part 2.5Court DVO
Division 2Application process

52 Who may apply for court DVO

(1) Any of the following persons may apply for a court DVO under this Part:

(a) an adult or young person in a domestic relationship with the respondent;

(b) an adult acting for a person (whether an adult or child) in a domestic relationship with the respondent;

(c)

a child protection officer;

(d)

a police officer.

(2) An application may be made by, or for, only one person even though more than one protected person may be named as the protected person in the application.

(3) A young person must not apply for a court DVO without the leave of the Court.

(4) The Court must not grant leave for a young person to apply unless satisfied that:

(a)

the young person understands:

(i)

the nature, purpose and legal effect of the application; and

(ii)

the legal effect of the making of a court DVO; and

(b)

the young person has the capacity to make the application.

(5) An application for a court DVO must not name more than one person as the protected person, unless each additional protected person named in the court DVO is:

(a)

a child of the protected person; or

(b)

a person who usually resides with the protected person; or

(c) without limiting paragraphs (a) or (b), a person under the care of the protected person.

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