Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 48

48 Temporary protection order in relation to application for variation

(1) This section applies if the court adjourns the hearing of an application for a variation of a domestic violence order (the
"first domestic violence order" ).

(2) The court may make a temporary protection order against a respondent only if the court is satisfied that the temporary protection order is necessary or desirable to protect any of the following persons from domestic violence or associated domestic violence, pending a decision on the application for the variation—

(a) the aggrieved;

(b) another person named in the first domestic violence order;

(c) if the application for the variation seeks to name another person in the first domestic violence order—the other person.

(3) If the court makes a temporary protection order under subsection (2) , the first domestic violence order is suspended.

(4) The suspension starts when the respondent is served with a copy of the temporary protection order or when the temporary protection order otherwise becomes enforceable under section 177 .

(5) The suspension ends, and the first domestic violence order is revived—

(a) when the court varies the first domestic violence order and the varied order takes effect under section 99 ; or

(b) when the court refuses to vary the first domestic violence order and the respondent is told about the refusal; or

(c) when the application for variation of the first domestic violence order is withdrawn and the respondent is told about the withdrawal.

(6) For subsection (5) (b) or (c) , the respondent may be told about the refusal or withdrawal—

(a) if the respondent is present in court when the refusal or withdrawal happens—by the court; or

(b) otherwise—by a police officer.

(7) For subsection (6) (b) , the respondent may be told by a police officer about the refusal or withdrawal in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means.

(8) When the first domestic violence order is revived—

(a) it is enforceable against the respondent as if it had never been suspended; and

(b) despite anything in section 98 , the temporary protection order made under subsection (2) ends.