Domestic Violence Act 2018

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Emergency barring order

9. (1) In this section, “applicant” means a person (other than the Agency) who has applied, or on whose behalf the Agency has applied by virtue of section 11 , for an emergency barring order against another person (in this section called “the respondent”) and the person so applying or on whose behalf the Agency has so applied—

(a) is not the spouse or civil partner of the respondent and is not related to the respondent within a prohibited degree of relationship but lived with the respondent in an intimate relationship prior to the application for the emergency barring order, or

(b) is a parent of the respondent and the respondent is a person of full age who is not, in relation to the parent, a dependent person.

(2) The court may only make an order under this section in respect of a place where an applicant or a dependent person resides and where—

(a) the respondent has a legal or beneficial interest in the place but the applicant has no such interest, or

(b) the applicant’s legal or beneficial interest is, in the opinion of the court, less than that of the respondent.

(3) Subject to subsection (2), where the court, on application to it, is of the opinion, having taken into account any order made or to be made to which paragraph (a) or (d) of section 15 (2) relates, that there are reasonable grounds for believing that there is an immediate risk of significant harm to the applicant or a dependent person if an order is not made immediately, the court shall, subject to section 12 , by order (in this Act referred to as an “emergency barring order”)—

(a) direct the respondent, if residing at the place where the applicant or that dependent person resides, to leave that place, and

(b) whether the respondent is or is not residing at the place where the applicant or that dependent person resides, prohibit that respondent from entering that place for such period, not exceeding 8 working days, as is specified in the order.

(4) An emergency barring order may, if the court thinks fit, prohibit the respondent from doing one or more of the following:

(a) using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person;

(b) attending at or in the vicinity of, or watching or besetting, a place where the applicant or a dependent person resides;

(c) following or communicating (including by electronic means) with the applicant or a dependent person.

(5) An emergency barring order may be made subject to such exceptions and conditions as the court may specify.

(6) For the purposes of subsections (2) and (3), an applicant or a dependent person who would, but for the conduct of the respondent, be residing at a place shall be treated as residing at that place.

(7) Without prejudice to section 32 , nothing in this Act shall be construed as affecting the rights of any person, other than the applicant or the respondent, who has a legal or beneficial interest in a place in respect of which the court has made an order under this section.

(8) Where an emergency barring order has been made, any of the following may apply to have the order varied:

(a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11 —

(i) the Agency,

(ii) the person referred to in subsection (1)(c) of that section, or

(iii) the respondent to that application;

(b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 —

(i) the Agency,

(ii) the applicant for the order, or

(iii) the respondent to that application;

(c) in any other case—

(i) the applicant for the order, or

(ii) the respondent to the application for that order.

(9) The court may, upon hearing an application under subsection (8), make such order varying the emergency barring order as it considers appropriate in the circumstances.

(10) For the purposes of making an application under subsection (8), an emergency barring order made by a court on appeal from another court shall be treated as if it had been made by that other court.

(11) An emergency barring order may be made ex parte where, having regard to the circumstances of the particular case, the court considers it necessary or expedient to do so in the interests of justice.

(12) Where an application for an emergency barring order is made ex parte, the application shall be grounded on an affidavit or information sworn by the applicant.

(13) An affidavit or information sworn by the applicant under subsection (12) shall state whether the property from which it is sought to bar the respondent on an emergency basis is also a place of business of the respondent or includes or abuts a place of business of the respondent.

(14) If an emergency barring order is made ex parte—

(a) a note of evidence given by the applicant shall be prepared forthwith—

(i) by the judge,

(ii) by the applicant or the applicant’s solicitor and approved by the judge, or

(iii) as otherwise directed by the judge,

and

(b) a copy of the emergency barring order, affidavit or information sworn under subsection (12) and note of evidence shall be served on the respondent as soon as practicable.

(15) Where an emergency barring order is made ex parte it shall have effect for such period, not exceeding 8 working days, as is specified in the order.

(16) (a) Subject to paragraph (b), where an emergency barring order has been made against a respondent, no further emergency barring order shall be made against the respondent on application by or on behalf of the same applicant unless a period of at least one month has elapsed since the expiration of the last day of the period specified in the first-mentioned order.

(b) A further emergency barring order may be made against the respondent within the one month period referred to in paragraph (a) where the court is satisfied, having due regard to the circumstances of the respondent, that there are exceptional circumstances which justify the making of a further order.