Domestic Violence Act 2018
|
Discharge of orders | ||
|
21. (1) Where a safety order, barring order, interim barring order, emergency barring order or protection order has been made, any of the following persons may apply to the court that made the order to have the order discharged: | ||
(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 the order. | ||
(2) The court shall, on an application under subsection (1), discharge the order if it is of the opinion that the safety and welfare of the applicant or the dependent person for whose protection the order was made does not require that the order should continue in force. | ||
(3) A court may, if it thinks fit, discharge a safety order, barring order, interim barring order, emergency barring order or protection order where the court is determining, as between the applicant and the respondent— | ||
(a) a matrimonial cause or matter, | ||
(b) annulment or dissolution proceedings under the Act of 2010, or | ||
(c) proceedings under the Act of 1964. | ||
(4) For the purposes of this section, an order made by a court on appeal from another court shall be treated as if it had been made by that other court. |