Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 38

38 Hearing of application—appearance of respondent

(1) This section applies if a respondent appears before the court that is to hear and decide an application for a protection order.

(2) The court may—

(a) hear and decide the application; or

(b) adjourn the application, whether or not it makes a temporary protection order under division 2 ; or

(c) subject to subsection (3) , dismiss the application without deciding it.

(3) The court may dismiss an application without deciding it only if—

(a) the applicant has not appeared; and

(b) if the applicant is a police officer—no other police officer or service legal officer has requested an adjournment; and

(c) no other person eligible to apply for the protection order has appeared.

(4) The dismissal of an application does not affect the right of the applicant to make a further application against the respondent.