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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 44
When court may make temporary protection order
44 When court may make temporary protection order
(1) A court may make a temporary protection order if— (a) the court adjourns
the hearing of an application for a protection order; or
(b) the court
adjourns the hearing of an application for a variation of a domestic violence
order; or
(c) the court adjourns a proceeding mentioned in section 42 or 43 ;
or
(d) the applicant for a protection order has asked the clerk of the court
under section 36 for the application to be heard by the court— (i) before
the application is served on the respondent; or
(ii) before the application
is served on the respondent and without the applicant giving the court a
verification declaration; or
(e) the applicant for the variation of a
protection order has asked the clerk of the court under section 90 for the
application to be heard by the court— (i) before the application is served
on the respondent; or
(ii) before the application is served on the respondent
and without the applicant giving the court a variation declaration; or
(f) an
application for a temporary protection order is made to the court by a police
officer under part 4 , division 4 .
(2) For subsection (1) (a) , if the
application is a police protection notice taken to be an application for a
protection order under section 112 , it does not matter whether or not the
nature of the protection order sought and the grounds on which the order is
sought— (a) are stated in the police protection notice; or
(b) are stated
in a statement mentioned in section 111 (3) that has been filed under that
section; or
(c) have otherwise been made known to the court.
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