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In forceAmended2020 Revised Edition
Contents

Part 7 · Protection Against Family Violence

60A. Protection orders

Amended

Last amended by an amending law of 2023.

(1)

The court may, on an application, make a protection order to restrain X from committing family violence against Y if the court is satisfied, on a balance of probabilities, that —

(a)

X has committed or is likely to commit family violence against Y; and

(b)

the protection order is necessary for the protection or personal safety of Y.

(2)

A protection order may also require X not to incite or assist any other person to commit family violence against Y.

(3)

A protection order has effect —

(a)

from the date on which it is made or any later date that may be specified; and

(b)

either indefinitely or for a specified period.

(4)

A protection order may be varied, suspended or revoked by the court on an application by —

(a)

X;

(b)

the applicant for the protection order; or

(c)

a protector.

(5)

In deciding whether to vary, suspend or revoke a protection order, the court —

(a)

must disregard any consent to the variation, suspension or revocation purportedly given by Y if there is reason to believe that the consent was not voluntarily given; and

(b)

must consider —

(i)

whether there has been any change in the circumstances that required the protection order to be made;

(ii)

if a counselling order was made against X under section 60E(2) — any report by the person conducting the counselling or other programme that X is required to attend; and

(iii)

if a mandatory treatment order was made against X under section 60F(2) — any report by the appointed psychiatrist.

(6)

A person who knowingly contravenes a protection order commits a family violence offence punishable under section 63C.

Part 8

Maintenance of Wife, Incapacitated Husband and Children

Part 9

Enforcement of Maintenance Orders

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules