Women’s Charter 1961 · s 60D

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—(1) This section applies if —(a)the court makes a protection order to restrain X from committing family violence against Y; and(b)Y has attained 18 years of age and is not a vulnerable adult.(2) The court may make a removal order requiring a protector to remove Y from Y’s home or any other place, if the court is satisfied, on a balance of probabilities, that the order is necessary for the protection or personal safety of Y.(3) If the court makes a removal order, the court must also make one or both of the following orders:(a)a care order committing Y to the care of a fit person (being an individual or organisation that a protector thinks is competent to provide care and protection to Y) for a specified period;(b)a supervision order placing Y under the supervision of a protector, or another person appointed by the court, for a specified period.(4) If the court makes a removal order, the court may also make one or both of the following orders if the court is satisfied, on a balance of probabilities, that the order or orders are necessary for the protection or personal safety of Y:(a)an order prohibiting Y from returning to Y’s home or visiting any other place for a specified period;(b)an order prohibiting Y from visiting or communicating with X for a specified period.(5) If the court makes a care order, the court may order Y to undergo medical or dental treatment at a specified medical or dental facility (as the case may be) that is necessary to enable Y to be committed to the care of the fit person.(6) An order under subsection (2), (3), (4) or (5) may only be made in an application for a removal order.(7) An application for a removal order may only be made by a protector.(8) An application for a removal order may be made —(a)when the court makes the protection order against X; or(b)at any time while the protection order against X has effect.(9) In carrying out a removal order —(a)a protector may be assisted by one or more support persons; and(b)a protector and any support person assisting the protector may use any force they consider necessary to —(i)remove or restrain Y; or(ii)prevent any person from obstructing the removal or restraining of Y.(10) An order under subsection (2), (3), (4) or (5) may be varied, suspended or revoked by the court on an application by —(a)Y;(b)the applicant for the protection order; or(c)a protector.(11) If the protection order against X ceases to have effect, an order under subsection (2), (3), (4) or (5) also ceases to have effect.(12) A contravention of an order under subsection (4) or (5) —(a)is not an offence or, despite the Administration of Justice (Protection) Act 2016, a contempt of court; but(b)must be taken into account by the court in deciding whether to vary, suspend or revoke a care order or a supervision order.
This section applies if —(a)the court makes a protection order to restrain X from committing family violence against Y; and(b)Y has attained 18 years of age and is not a vulnerable adult.
The court may make a removal order requiring a protector to remove Y from Y’s home or any other place, if the court is satisfied, on a balance of probabilities, that the order is necessary for the protection or personal safety of Y.
If the court makes a removal order, the court must also make one or both of the following orders:(a)a care order committing Y to the care of a fit person (being an individual or organisation that a protector thinks is competent to provide care and protection to Y) for a specified period;(b)a supervision order placing Y under the supervision of a protector, or another person appointed by the court, for a specified period.
If the court makes a removal order, the court may also make one or both of the following orders if the court is satisfied, on a balance of probabilities, that the order or orders are necessary for the protection or personal safety of Y:(a)an order prohibiting Y from returning to Y’s home or visiting any other place for a specified period;(b)an order prohibiting Y from visiting or communicating with X for a specified period.
If the court makes a care order, the court may order Y to undergo medical or dental treatment at a specified medical or dental facility (as the case may be) that is necessary to enable Y to be committed to the care of the fit person.
An order under subsection (2), (3), (4) or (5) may only be made in an application for a removal order.
An application for a removal order may only be made by a protector.
An application for a removal order may be made —(a)when the court makes the protection order against X; or(b)at any time while the protection order against X has effect.
In carrying out a removal order —(a)a protector may be assisted by one or more support persons; and(b)a protector and any support person assisting the protector may use any force they consider necessary to —(i)remove or restrain Y; or(ii)prevent any person from obstructing the removal or restraining of Y.
An order under subsection (2), (3), (4) or (5) may be varied, suspended or revoked by the court on an application by —(a)Y;(b)the applicant for the protection order; or(c)a protector.
If the protection order against X ceases to have effect, an order under subsection (2), (3), (4) or (5) also ceases to have effect.
A contravention of an order under subsection (4) or (5) —(a)is not an offence or, despite the Administration of Justice (Protection) Act 2016, a contempt of court; but(b)must be taken into account by the court in deciding whether to vary, suspend or revoke a care order or a supervision order.

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s 60DRemoval, care and supervision orders; orders against protected persons

(1)

This section applies if —

(a)

the court makes a protection order to restrain X from committing family violence against Y; and

(b)

Y has attained 18 years of age and is not a vulnerable adult.

(2)

The court may make a removal order requiring a protector to remove Y from Y’s home or any other place, if the court is satisfied, on a balance of probabilities, that the order is necessary for the protection or personal safety of Y.

(3)

If the court makes a removal order, the court must also make one or both of the following orders:

(a)

a care order committing Y to the care of a fit person (being an individual or organisation that a protector thinks is competent to provide care and protection to Y) for a specified period;

(b)

a supervision order placing Y under the supervision of a protector, or another person appointed by the court, for a specified period.

(4)

If the court makes a removal order, the court may also make one or both of the following orders if the court is satisfied, on a balance of probabilities, that the order or orders are necessary for the protection or personal safety of Y:

(a)

an order prohibiting Y from returning to Y’s home or visiting any other place for a specified period;

(b)

an order prohibiting Y from visiting or communicating with X for a specified period.

(5)

If the court makes a care order, the court may order Y to undergo medical or dental treatment at a specified medical or dental facility (as the case may be) that is necessary to enable Y to be committed to the care of the fit person.

(6)

An order under subsection (2), (3), (4) or (5) may only be made in an application for a removal order.

(7)

An application for a removal order may only be made by a protector.

(8)

An application for a removal order may be made —

(a)

when the court makes the protection order against X; or

(b)

at any time while the protection order against X has effect.

(9)

In carrying out a removal order —

(a)

a protector may be assisted by one or more support persons; and

(b)

a protector and any support person assisting the protector may use any force they consider necessary to —

(i)

remove or restrain Y; or

(ii)

prevent any person from obstructing the removal or restraining of Y.

(10)

An order under subsection (2), (3), (4) or (5) may be varied, suspended or revoked by the court on an application by —

(a)

(b)

the applicant for the protection order; or

(c)

a protector.

(11)

If the protection order against X ceases to have effect, an order under subsection (2), (3), (4) or (5) also ceases to have effect.

(12)

A contravention of an order under subsection (4) or (5) —

(a)

is not an offence or, despite the Administration of Justice (Protection) Act 2016, a contempt of court; but(b)must be taken into account by the court in deciding whether to vary, suspend or revoke a care order or a supervision order.