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 for a provisional order, 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) that is taken to have been made on the first return date, and

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

(b) further service of the order--

(i) is not required, if the provisional order was served on the defendant, and

(ii) is not required, if the defendant is present at court, whether the provisional order was served on the defendant or not, and

(iii) is required, if the provisional order was not served on the defendant and the defendant is not present at court.

(3) If the court makes an interim court order or a final apprehended violence order under subsection (1)(c), the provisional order is revoked--

(a) if further service of the order is not required--on the making of the order, or

(b) if further service of the order is required--when the order is served.

(4) If the court makes an interim court order without variations, further service of the order--

(a) is not required, if the provisional order was served on the defendant, and

(b) is not required, if the defendant is present at court, whether the provisional order was served on the defendant or not, and

(c) is required, if the provisional order was not served on the defendant and the defendant is not present at court.

(5) If the court makes an interim court order with variations or makes a final apprehended violence order, further service of the order--

(a) is not required, if the defendant is present at court, and

(b) is required, if the defendant is not present at court.