Domestic Violence Act 2018
|
Protection order | ||
|
10. (1) Where the court, on application to it for a safety order or a barring order or between the making of that application and its determination, is of the opinion that there are reasonable grounds for believing that the safety or welfare of the applicant for the order concerned or of a dependent person so requires, the court shall by order (in this Act referred to as a “protection order”) prohibit the respondent to the application from doing one or more of the following: | ||
(a) using or threatening to use violence against, molesting or putting in fear, the applicant or the dependent person; | ||
(b) if he or she is residing at a place other than the place where the applicant or the dependent person resides, watching or besetting the place where the applicant or the dependent person resides; | ||
(c) following or communicating (including by electronic means) with the applicant or that dependent person. | ||
(2) A protection order may be subject to such exceptions and conditions as the court may specify. | ||
(3) For the purposes of this section, 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. | ||
(4) Where a protection 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 that 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. | ||
(5) The court may, upon hearing an application under subsection (4), make such order varying the protection order as it considers appropriate in the circumstances. | ||
(6) For the purposes of making an application under subsection (4), a protection order made by a court on appeal from another court shall be treated as if it had been made by that other court. | ||
(7) A protection 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. | ||
(8) Where an application for a protection order is made ex parte, the application shall be grounded on an affidavit or information sworn by the applicant. | ||
(9) If a protection 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 protection order, affidavit or information sworn under subsection (8) and note of evidence shall be served on the respondent as soon as practicable. | ||
(10) A protection order shall cease to have effect on the determination by the court of the application for a safety order or a barring order. |