Power of court if person guilty of related offence
83 Power of court if person guilty of related offence
(1) If a person before a court pleads guilty to, or is found guilty of, an offence that involves committing domestic violence, the court must consider whether or not to make a DVO against the person.
(2) The court may make a DVO against the person if satisfied that a court DVO could be made against the person under Part 2.5.
(3) In considering whether or not to make a DVO under subsection (2), the court may invite submissions from the parties and the prosecutor.
(4) Despite section 48(3)(a), if the person is summoned to appear before the Court to show cause why a police DVO should not be confirmed and the court decides to make a DVO under subsection (2), the court may confirm the police DVO (with or without variation) without complying with section 48.
If a DVO is already in force against the person, the court:
(a) must consider the DVO and whether, in the circumstances, the DVO should be varied, including by varying the date the DVO ends; and
may vary the DVO if the court considers it necessary.
(6) As soon as practicable after a DVO is made under subsection (2), confirmed under subsection (4) or varied under subsection (5)(b), the court must give a copy of it to:
the parties to the DVO; and
the Commissioner.
Note for subsection (6)
Under section 119, a copy of a DVO may be given to the respondent in a way mentioned in that section.
Part 2.11 Special police powers
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