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s 82U

Deciding application

In force
Chapter 2Domestic violence orders
Part 2.9Variation of court DVO or police DVO in urgent circumstances

82U Deciding application

(1) In deciding whether to make an order varying a DVO, the Court must consider the same matters required to be considered in deciding:

(a)

whether to make a DVO; and

(b)

the terms of a DVO.

Note for subsection (1)(a)

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.

(2)

The Court may by order:

(a)

vary the DVO; or

(b)

refuse to vary the DVO.

(3)

The Court may decide the application even if:

(a) the respondent was not given an opportunity to answer any allegation in it; or

(b) another person who has a direct interest in the outcome did not have an opportunity to be heard on the matter.

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