Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 86

86 Application for variation

(1) An application for a variation of a domestic violence order may be made to a court by—

(a) the aggrieved; or

(b) the respondent; or

(c) a named person; or

(d) an authorised person for the aggrieved; or

(e) a person acting under another Act for a person mentioned in paragraph (a) , (b) or (c) ; or

(f) a police officer.

(2) The application must—

(a) be in the approved form; and

(b) state the grounds on which it is made; and

(c) state the nature of the variation sought; and

(d) if the applicant is not a police officer—be verified by the applicant by a statutory declaration (a
"variation declaration" ); and

(e) be filed in the court.

(3) However, subsection (2) (d) does not apply to an applicant if the clerk of the court agrees to grant the applicant’s request under section 90 (2) (b) .

(4) The variation sought may relate to any aspect of the domestic violence order including, for example, the following—

(a) a condition of the order;

(b) the duration of the order;

(c) the persons named in the order.

(5) However, a variation sought by a named person, or a person mentioned in subsection (1) (e) acting for a named person, may relate only to—

(a) the naming of the person in the order; or

(b) a condition of the order relating to the named person.

(6) An application for a variation of a domestic violence order may be made only while the domestic violence order is still in force.