New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 32

32 Powers of court in relation to provisional order

(1) On the first return date, if a provisional order is in force, the court may--

(a) dismiss the application taken to be made under Part 10, or

(b) revoke the provisional order, or

(c) make, in the same terms as the provisional order or with variations--

(i) an interim court order, or

(ii) a final apprehended violence order.

(2) If the court does none of the things in subsection (1)(a)-(c)--

(a) the provisional order becomes an interim court order--

(i) made on the first return date, and

(ii) on the same terms as the provisional order, and

(b) further service of the order is not required.

(3) If the court makes an interim court order or a final apprehended violence order, the provisional order is revoked.

(4) Revocation of a provisional order under subsection (3) occurs--

(a) if the defendant is present at court--when the interim court order or final apprehended violence order is made, or

(b) otherwise--when the defendant is served, in accordance with this Act, with a copy of the interim court order or final apprehended violence order.