Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 187

Court to give notice of adjournment to absent respondent

187 Court to give notice of adjournment to absent respondent

(1) This section applies if—
(a) a court adjourns—
(i) the hearing of an application for the making or variation of a domestic violence order; or
(ii) a proceeding mentioned in section 42 or 43 ; and
(b) the respondent is not present in court when the adjournment is made.
(2) If the respondent has been served with a copy of the application for the making or variation of the domestic violence order mentioned in subsection (1) (a) (i) , or subsection (1) (a) (ii) applies, the clerk of the court must give a written notice to the respondent stating—
(a) the date, time and place to which the hearing of the application is adjourned; and
(b) that if the respondent does not appear in court on the later day to which the matter has been adjourned, a domestic violence order may be made in the respondent’s absence, or the court may issue a warrant for the respondent to be taken into custody by a police officer.
(3) If the respondent has not been served with a copy of the application for the making or variation of the domestic violence order mentioned in subsection (1) (a) (i) , the clerk of the court must—
(a) write on a copy of the application the date, time and place to which the hearing of the application is adjourned; and
(b) give the copy of the application to the officer in charge of the police station nearest the place where the respondent lives or was last known to live.
(4) A police officer must personally serve the copy of the application mentioned in subsection (3) (b) on the respondent.
(5) The clerk of the court is not required to comply with subsection (2) if the clerk of the court can not locate the respondent, or identify an address for the place of residence or business of the respondent, after making all reasonable enquiries.
(6) Failure to comply with this section does not invalidate or otherwise affect a domestic violence order.
(7) This section is subject to section 188 .



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