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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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