Domestic Violence Act 2018
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Power of the Agency to apply for certain orders | ||
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11. (1) Subject to subsections (2), (3) and (4), this section applies where the Agency— | ||
(a) becomes aware of an alleged incident or series of incidents which in its opinion puts into doubt the safety or welfare of a person (in this section referred to as the “aggrieved person”), | ||
(b) has reasonable cause to believe that the aggrieved person has been subjected to molestation, violence or threatened violence or otherwise put in fear of his or her safety or welfare, | ||
(c) is of the opinion that there are reasonable grounds for believing that, where appropriate in the circumstances, a person would be deterred or prevented as a consequence of molestation, violence or threatened violence by the respondent or fear of the respondent from pursuing an application for a safety order, a barring order or an emergency barring order on his or her own behalf or on behalf of a dependent person, and | ||
(d) considers, having ascertained as far as is reasonably practicable the wishes of the aggrieved person or, where the aggrieved person is a dependent person, of the person to whom paragraph (c) relates in respect of the dependent person, that it is appropriate in all the circumstances to apply for a safety order, a barring order or an emergency barring order in accordance with this Act on behalf of the aggrieved person. | ||
(2) The Agency may apply to the court on behalf of the aggrieved person for a safety order, a barring order or an emergency barring order for which the aggrieved person or, where the aggrieved person is a dependent person, the person to whom subsection (1)(c) relates in respect of that dependent person, could have applied. | ||
(3) Where an application is made by the Agency in accordance with this section, the court shall, in determining whether, and if so to what extent, to exercise any of its functions under section 6 , 7 , 8 , 9 , 10 or 21 , have regard to any wishes expressed by— | ||
(a) the aggrieved person, or | ||
(b) where the aggrieved person is a dependent person, the person to whom subsection (1)(c) relates in respect of the dependent person and, where the court considers it appropriate, the dependent person. | ||
(4) The provisions of paragraphs (a) and (b) of subsection (1) need not be complied with where an application relates to an aggrieved person who is a dependent person, or in respect of so much of an application as relates to an aggrieved person who is a dependent person, if the court is of the opinion that there is reasonable cause to believe that— | ||
(a) the dependent person has been or is being assaulted, ill-treated, sexually abused or seriously neglected, or | ||
(b) the dependent person’s health, development or welfare has been, is being or is likely to be avoidably impaired or seriously neglected, | ||
and that if the order is made the likelihood of harm to that dependent person will not arise or will be materially diminished. | ||
(5) The court shall not make a barring order, an interim barring order or an emergency barring order where the aggrieved person is a dependent person unless the Agency satisfies the court that the person to whom subsection (1)(c) relates in respect of that dependent person is willing and able to provide reasonable care for that dependent person. |