(1) This section applies if—
(a) a respondent has not been served with a copy of an application for a protection order or an application for a variation of a domestic violence order; and
(b) the respondent is not present in court.
(2) The court may make a temporary protection order against the respondent only if the court is satisfied that the making of a temporary protection order despite the respondent having not been served with the application is necessary or desirable to protect the aggrieved, or another person named in the application, from domestic violence.
(3) To remove any doubt, it is declared that this section applies in addition to section 45.