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s 55

Place of hearing

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

55 Place of hearing

(1)

The Court must hear the application at the Court that best serves the interests of justice and safety and protection of the protected person.

(2)

Despite subsection (1), if the respondent is a young person the application must be heard in the Youth Justice Court mentioned in section 45 of the Youth Justice Act 2005.

(3)

For subsection (1), in deciding the place of the hearing, the safety and protection of the protected person and each child (if any) of the protected person or who usually resides with the protected person must be the paramount consideration.

(4)

A failure to comply with subsection (1), (2) or (3) does not affect the validity of the application.

Division 3 Hearing process and decision

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