New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 22

22 Interim court orders

(1) A court may, on application made in accordance with Part 10, make an interim apprehended domestic violence order or an interim apprehended personal violence order if it appears to the court that it is necessary or appropriate to do so in the circumstances.

(2) An interim apprehended domestic violence order or an interim apprehended personal violence order made on application under this Part is referred to in this Act as an
"interim court order" .

(3) An interim court order may be made by a court whether or not--

(a) the defendant is present at the proceedings, or

(b) the defendant has been given notice of the proceedings.

(4) A court may, in deciding whether to make an interim court order, admit affidavit evidence or a written statement by a police officer that is tendered on behalf of the person for whose protection the order would be made if--

(a) the person is unable, for any good reason, to be present at the proceedings, and

(b) the court is satisfied that the matter requires urgent consideration by the court.

(5) If an interim court order is made by a court--

(a) the court is to require the defendant to appear at a further hearing of the matter by the court as soon as practicable after the interim court order is made, and

(b) the court may, at the further hearing or an adjourned further hearing, make a final apprehended violence order in the same terms as the interim court order or with variations or may revoke the interim court order (whether or not the defendant appears at any such further hearing).

(6) An interim court order has, while it remains in force, the same effect as a final apprehended violence order.