Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 92

92 Considerations of court when variation may adversely affect aggrieved or named person

(1) This section applies if the court considers that a variation proposed to be made to a domestic violence order may adversely affect the safety, protection or wellbeing of the aggrieved or any named person.

Examples of variations that may adversely affect the safety, protection or wellbeing of a person—

• a variation to reduce the duration of an order

• a variation to remove a condition of an order

• a variation to remove a named person from an order

(2) In considering whether to make the variation, the court must have regard to—

(a) any expressed wishes of the aggrieved or named person; and

(b) any current contact between the aggrieved or named person and the respondent; and

(c) whether any pressure has been applied, or threat has been made, to the aggrieved or named person by the respondent or someone else for the respondent; and

(d) the principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount; and

(e) any other relevant matter.

(3) The court may vary the order only if the court considers—

(a) the safety, protection or wellbeing of the aggrieved or the named person would not be adversely affected by the variation; and

(b) if the variation is to reduce the duration of the order—there are reasons for doing so.