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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 39
Hearing of application—non-appearance of respondent
39 Hearing of application—non-appearance of respondent
(1) This section applies if a respondent fails to appear before the court that
is to hear and decide an application for a protection order and the court is
satisfied that the respondent has been served with a copy of the application.
Note— If a respondent has been served with a police protection notice,
because of section 112 , the respondent is taken to have been served with a
copy of an application for a protection order.
(2) The court may— (a)
hear and decide the application in the absence of the respondent; or
(b)
adjourn the application, whether or not it makes a temporary protection order
under division 2 ; or
(c) subject to section 156 (1) , order the issue of a
warrant for the respondent to be taken into custody by a police officer and
brought before the court.
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