When application may be made
82S When application may be made
A police officer may apply to the Court for an order varying a
DVO if:
in the case of a court DVO – it is not practicable to obtain an order varying the court DVO under Part 2.6 because of urgent circumstances; or
in the case of a police DVO – the terms of the police DVO should be varied before the hearing of the proceeding for the confirmation of the police DVO because of urgent circumstances.
For subsection (1), the police officer must not make the application unless satisfied that there is a substantial change in the circumstances related to the commission of domestic violence since the DVO was made or last varied.
Without limiting subsection (2), a change in the circumstances related to the commission of domestic violence arises if:
there is a change in circumstances relating to affected children, including their care arrangements; or
the respondent satisfactorily completes a rehabilitation program or a perpetrators' program.
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