In this Act, unless the context otherwise requires,—

In this Act, domestic violence, in relation to any person, means violence against that person by any other person with whom that person is, or has been, in a domestic relationship.

In this section, violence means—

Without limiting subsection (2)(c), a person psychologically abuses a child if that person—

but the person who suffers that abuse is not regarded, for the purposes of this subsection, as having caused or allowed the child to see or hear the abuse, or, as the case may be, as having put the child, or allowed the child to be put, at risk of seeing or hearing the abuse.

Without limiting subsection (2),—

Behaviour may be psychological abuse for the purposes of subsection (2)(c) which does not involve actual or threatened physical or sexual abuse.

For the purposes of this Act, a person is in a domestic relationship with another person if the person—

For the purposes of subsection (1)(c), a person is not regarded as sharing a household with another person by reason only of the fact that—

For the purposes of subsection (1)(d), a person is not regarded as having a close personal relationship with another person by reason only of the fact that the person has—

with that other person.

Without limiting the matters to which a court may have regard in determining, for the purposes of subsection (1)(d), whether a person has a close personal relationship with another person, the court must have regard to—

The object of this Act is to reduce and prevent violence in domestic relationships by—

This Act aims to achieve its object by—

Any court which, or any person who, exercises any power conferred by or under this Act must be guided in the exercise of that power by the object specified in subsection (1).

This Act binds the Crown.

A person who is or has been in a domestic relationship with another person may apply to the court for a protection order in respect of that other person.

Where the person who is eligible to apply for a protection order is under 16 years of age, the application must be made by a representative in accordance with section 9(2).

Where the person who is eligible to apply for a protection order is a person to whom section 11 applies, the application must be made by a representative in accordance with that section.

Where the person who is eligible to apply for a protection order is aged 16 years or older but is unable, in the circumstances specified in section 12(1)(b), to make the application personally, an application may be made on that person’s behalf by a representative appointed in accordance with section 12.

Any application for a protection order may seek—

Subject to subsections (2), (2A), and (4), a minor may make an application for a protection order under this Act.

A minor under 16 years of age must make the application for a protection order by a representative pursuant to rules of court.

Subject to sections 11 and 12, a minor aged 16 years may make an application either on his or her own behalf under subsection (4), or by a representative pursuant to rules of court.

Nothing in subsection (2) or subsection (2A) prevents a minor under the age of 17 on whose behalf an application for a protection order is made by a representative from being heard in the proceedings; and where the minor expresses views on the need for and outcome of the proceedings, the court must take account of those views to the extent that it thinks fit, having regard to the age and maturity of the minor.

Subject to sections 11 and 12, a minor—

must make the application on his or her own behalf, without a next friend or guardian ad litem, and orders may be made on the application, and enforced, as if the minor were of full age.

No application for a protection order may be made against a minor under the age of 17 years, unless the minor is or has been married or in a civil union or de facto relationship.

The court must not make a direction under section 17 that a protection order apply against a minor under the age of 17 years, unless the minor is or has been married or in a civil union or de facto relationship.

For the avoidance of doubt, it is hereby declared that—

as if the minor were of full age.

This section applies to any person aged 16 years or over who—

Where a person to whom this section applies is eligible to apply for a protection order, then, in any of the circumstances referred to in any of paragraphs (a) to (c), the application must be made, on that person’s behalf, by a representative in accordance with rules of court:

Notwithstanding anything in the Protection of Personal and Property Rights Act 1988, an application must not be made under that Act for an order under section 10(1)(i) of that Act solely for the purpose of the commencement of proceedings under this Act.

This section applies where—

Where this section applies, the court or a Registrar may, on an application without notice made by an adult person who is not under disability, appoint any adult person to be a representative of another person for the purpose of making and prosecuting, on behalf of that other person, an application for a protection order.

Where an application for the appointment of a representative is made pursuant to subsection (2), the court or Registrar must make the appointment sought if the court or, as the case requires, the Registrar is satisfied,—

The fact that an application for a protection order is made, on a person’s behalf, by a representative appointed pursuant to this section does not prevent the person on whose behalf the application is made from being heard in the proceedings.

Without limiting subsection (3)(b), where—

then, unless the court is satisfied that the objection is not freely made, no further steps may be taken in the proceedings.

A protection order may be made on an application without notice if the court is satisfied that the delay that would be caused by proceeding on notice would or might entail—

to the applicant or a child of the applicant’s family, or both.

Without limiting the matters to which the court may have regard when determining whether to grant a protection order on an application without notice, the court must have regard to—

A protection order made on an application without notice is a temporary order that, subject to sections 76 to 80, and unless it is sooner discharged, becomes final by operation of law 3 months after the date on which it is made.

Where a protection order is made on an application without notice, the respondent may,—

Where a protection order is made on an application without notice and, pursuant to section 17, the court directs that the order applies against another person, that associated respondent may,—

The court may make a protection order if it is satisfied that—

For the purposes of subsection (1)(a), a respondent who encourages another person to engage in behaviour that, if engaged in by the respondent, would amount to domestic violence against the applicant, or a child of the applicant’s family, or both, is regarded as having engaged in that behaviour personally.

Without limiting section 3(4)(b) or the matters that the court may consider in determining, for the purposes of subsection (1)(b) of this section, whether the making of an order is necessary for the protection of the applicant, or a child of the applicant’s family, or both, where some or all of the behaviour in respect of which the application is made appears to be minor or trivial when viewed in isolation, or appears unlikely to recur, the court must nevertheless consider whether the behaviour forms part of a pattern of behaviour in respect of which the applicant, or a child of the applicant’s family, or both, need protection.

For the avoidance of doubt, an order may be made under subsection (1) where the need for protection arises from the risk of domestic violence of a different type from the behaviour found to have occurred for the purposes of paragraph (a) of that subsection.

Without limiting the matters that the court may consider when determining whether to make a protection order, the court must have regard to—

A court must not decline to make a protection order merely because of the existence of other proceedings (including, but not limited to, proceedings relating to the role of providing day-to-day care for, or contact with, or custody of a minor) between or relating to the parties, whether or not those proceedings also relate to any other person.

Where the court makes a protection order, that order applies for the benefit of any child of the applicant’s family.

A protection order continues to apply for the benefit of a child of the applicant’s family until—

If a child of the applicant’s family having attained the age of 17 years continues to ordinarily or periodically reside with the applicant (an adult child), a protection order continues to apply for the benefit of the adult child until—

Subject to subsection (3), where the court makes a protection order, it may direct that the order also apply for the benefit of a particular person with whom the applicant has a domestic relationship.

No direction may be made pursuant to subsection (2) in respect of a person unless the court is satisfied that—

Subsections (2) to (5) of section 14 apply, with the necessary modifications, in respect of an application for a direction pursuant to subsection (2) of this section.

If the applicant dies at any time after a protection order is made for the protection of the applicant, then, notwithstanding the death of the applicant, the order (if it has not sooner lapsed or been discharged) continues to apply for the benefit of—

Subsections (1A), (1B), and (5) apply in respect of a protection order regardless of whether the protection order is made before or after the commencement of those subsections.

Subject to subsection (2), where the court makes a protection order against the respondent, the court may also direct that the order apply against a person whom the respondent is encouraging, or has encouraged, to engage in behaviour against a protected person, where that behaviour, if engaged in by the respondent, would amount to domestic violence.

No direction may be made under subsection (1) in respect of a person unless the court is satisfied that—

A direction may be made pursuant to subsection (1) whether the behaviour against a protected person was engaged in before or after the person became a protected person.

Subsections (2) to (5) of section 14 apply, with the necessary modifications, in respect of an application for a direction pursuant to subsection (1) of this section.

Where the court grants an application for a protection order, it must not also make a protection order in favour of the respondent unless the respondent has made an application for a protection order and the court has determined that application in accordance with this Act.

It is a condition of every protection order that the respondent must not—

Without limiting subsection (1), but subject to section 20, it is a condition of every protection order that at any time other than when the protected person and the respondent are, with the express consent of the protected person, living in the same dwellinghouse, the respondent must not,—

Where, pursuant to a direction made under section 17, a protection order applies against an associated respondent, the provisions of this section apply, with all necessary modifications, in respect of the associated respondent.

References in subsection (2) of this section to the express consent of a protected person include the express consent of a person (other than the respondent or, as the case may be, the associated respondent) who is specified, in a special condition of the protection order imposed pursuant to section 27(3), as a person who is entitled to consent, on the protected person’s behalf, in relation to the matter, and to withdraw such consent.

The standard condition contained in section 19(2) (in this section referred to as the non-contact condition) has effect except while the protected person and the respondent are, with the express consent of the protected person, living in the same dwellinghouse.

The non-contact condition is automatically suspended for any period during which the protected person and the respondent, with the express consent of the protected person, live in the same dwellinghouse.

Where the non-contact condition is suspended in accordance with subsection (2), and the protected person subsequently withdraws his or her consent to the respondent living in the same dwellinghouse, then (unless the protection order has been sooner discharged) the non-contact condition automatically revives.

The non-contact condition—

Where, pursuant to a direction made under section 17, a protection order applies against an associated respondent, the provisions of this section apply, with all necessary modifications, in respect of the associated respondent.

References in this section to the consent of a protected person, or to the withdrawal of a protected person’s consent, include, as the case requires,—

Subject to section 22, it is a condition of every protection order—

Subject to section 22, on the making of a protection order,—

The respondent does not fail to comply with the standard condition contained in subsection (1) merely by having in his or her possession, or having under his or her control, any weapon or any firearms licence, where,—

Subject to section 22, where, pursuant to that section, a protection order is varied so as to include the standard condition relating to weapons,—

and the provisions of this Act apply accordingly with all necessary modifications.

Subject to section 22, where, pursuant to a direction made under section 17, a protection order applies against an associated respondent, the provisions of this section apply, with all necessary modifications, in respect of the associated respondent.

Where,—

the court may, subject to section 23,—

Subject to section 23, the court may, if it thinks fit, on the application of the applicant or the respondent, vary a protection order,—

Subject to section 23, where a protection order applies against an associated respondent, the court may, on the application of the applicant or the associated respondent, vary the protection order, in so far as it relates to the associated respondent,—

For the avoidance of doubt (but without limiting subsection (3)), it is hereby declared that a court may—

Where an application is made under subsection (2) or subsection (3) in respect of a temporary protection order, the Registrar must assign a hearing date, which must be—

Sections 9, 11, and 12, so far as applicable and with the necessary modifications, apply in relation to—

as they apply in relation to the making of an application for a protection order.

A court must not exercise the power conferred by section 22—

unless the court is satisfied that the standard condition relating to weapons is not necessary for the protection of the persons for whose benefit the protection order applies from further domestic violence.

Subject to subsection (3), a court may only exercise the power conferred by section 22 to modify the terms of the standard condition relating to weapons in the following ways:

A court may exercise the power conferred by section 22 to modify the terms of the standard condition relating to weapons in any of the ways set out in paragraph (a) or paragraph (b) of subsection (2) of this section only if the court is satisfied—

In determining whether or not to exercise any of the powers conferred by section 22,—

Where the terms of the standard condition relating to weapons are modified pursuant to section 22, the terms of that standard condition (as set out in section 21) apply subject to the terms of that modification, and the provisions of this Act apply accordingly.

The fact that—

does not oblige any Police employee to issue a firearms licence to any person to whom that standard condition applied or, as the case requires, applies.

Where—

that firearms licence is deemed to be revoked.

Where a person’s firearms licence is suspended pursuant to section 21(2),—

Where, pursuant to subsection (1) or section 21 of this Act, a firearms licence is revoked or deemed to be revoked, that revocation has effect as if the firearms licence had been revoked pursuant to section 27 of the Arms Act 1983, except that nothing in this subsection—

Where a person to whom the standard condition relating to weapons applies surrenders any weapon to a constable pursuant to section 21, the following provisions apply:

Where a person’s firearms licence is suspended pursuant to subsection (2) of section 21, and that person surrenders that licence to a constable pursuant to that section, the Police must detain that licence for the period of the suspension, and, except where the licence is revoked or ceases to be in force, or may lawfully be retained pursuant to any other enactment, must return the licence to the person as soon as practicable after that suspension ceases to be in force.

Nothing in any of sections 21 to 25 of this Act limits or affects any provision of the Arms Act 1983 that authorises or permits—

Where—

that suspension ceases to be in force.

Where the court makes a protection order, it may impose any conditions that are reasonably necessary, in the opinion of the court, to protect the protected person from further domestic violence by the respondent, or the associated respondent, or both.

Without limiting subsection (1), a condition imposed under subsection (1) may relate to—

Without limiting subsection (1), the court may impose, as a condition of a protection order, a condition specifying a person who, for the purposes of sections 19(2), 20, and 28, is entitled—

Where the court imposes a condition under this section, it may specify the period during which the condition is to have effect.

In the absence of a direction under subsection (4), and subject to section 28, a special condition has effect for the duration of the protection order, unless sooner varied or discharged.

This section applies to any special condition of a protection order, where the special condition is inconsistent with the protected person and the respondent living in the same dwellinghouse.

Subject to sections 27(4) and 46, a special condition to which this section applies has effect except while the protected person and the respondent are, with the express consent of the protected person, living in the same dwellinghouse.

A special condition to which this section applies is automatically suspended for any period during which the protected person and the respondent, with the express consent of the protected person, live in the same dwellinghouse.

Where a special condition to which this section applies is suspended in accordance with subsection (3), and the protected person subsequently withdraws his or her consent to the respondent living in the same dwellinghouse, then (unless the protection order has been sooner discharged, and subject to sections 27(4) and 46) the special condition automatically revives.

A special condition to which this section applies—

Where, pursuant to a direction made under section 17, a protection order applies against an associated respondent, the provisions of this section apply, with all necessary modifications, in respect of the associated respondent.

References in this section to the consent of a protected person, or to the withdrawal of a protected person’s consent, include, as the case requires,—

This section applies when—

The Family Court may make 1 or more of the following orders if it considers the order or orders are necessary to protect the welfare and best interests of the child concerned:

An order must not be made under subsection (2) in respect of a child of the applicant’s family of or over the age of 16 years unless there are special circumstances.

An interim order made under section 28B ceases to have effect (if it has not ceased to have effect sooner) on the earlier of—

Where 1 or more interim orders have been made under section 28B, a party in whose favour an order has been made must as soon as possible (if that party has not already done so) make an application under the Care of Children Act 2004 for a parenting order.

For the purposes of section 16(1) of the Legal Services Act 2000, proceedings that relate to, or arise out of, an application for a protection order under Part 2 of the Domestic Violence Act 1995 include proceedings commenced pursuant to an application referred to in subsection (1).

A temporary protection order continues in force until—

A final protection order continues in force until it is discharged pursuant to section 47.

The court may, if it thinks fit, on the application of the applicant or the respondent, vary a protection order—

Where a protection order applies against an associated respondent, the court may, if it thinks fit, on the application of the applicant or the associated respondent, vary the protection order, in so far as it relates to the associated respondent,—

The court may, if it thinks fit, on the application of the applicant, vary a protection order—

The court may, if it thinks fit, on the application of a specified person (other than a child), vary a protection order—

Where an application is made under this section in respect of a temporary protection order, the Registrar must assign a hearing date, which must be—

The court may, if it thinks fit, on the application of the applicant or the respondent, discharge a protection order.

On an application under subsection (1), the court may discharge a protection order even though the order—

Where a protection order to which subsection (2) relates is discharged, the order ceases to have effect for the benefit of the specified person or, as the case requires, against the associated respondent, as if that person had applied for and been granted a discharge of the order pursuant to subsection (4).

Where a protection order—

the specified person or, as the case may be, the associated respondent may apply for the order to be discharged in so far as it relates to him or her.

On an application under subsection (4), the court may, if it thinks fit, discharge a protection order in so far as it relates to that specified person or, as the case may be, that associated respondent.

Where an application is made under this section in respect of a temporary protection order, the Registrar must assign a hearing date, which must be—

Sections 9, 11, and 12, so far as applicable and with the necessary modifications, apply in relation to—

as they apply in relation to the making of an application for a protection order.

Every person commits an offence who breaches a protection order by—

It is a defence in a prosecution for an offence under subsection (1) if the defendant proves that he or she had a reasonable excuse for breaching the protection order.

Every person who is convicted of an offence against this section is liable to imprisonment for a term not exceeding 3 years.

To avoid doubt, a failure to comply with a direction made under section 51D is not a breach of a protection order under subsection (1)(b).

Where a protection order is in force, any constable may arrest, without warrant, any person who the constable has good cause to suspect has—

In this Part, unless the context otherwise requires,—

The Secretary may decide to grant, suspend, or cancel an approval of a person or an organisation as a service provider.

A person or an organisation seeking an approval under subsection (1) must follow the process (if any) prescribed by regulations made under section 127(a)(i).

In deciding whether to grant, suspend, or cancel an approval under subsection (1), the Secretary must apply the criteria (if any) prescribed by regulations made under section 127(a)(ii).

The Secretary must publish on an Internet site maintained by or on behalf of the Ministry of Justice a list of service providers.

Where the court makes a protection order,—

Where, at the time the protection order is made, the applicant has not made a request pursuant to this section, and the applicant is not legally represented, the Judge or the Registrar must cause the applicant to be informed of the applicant’s right to make such a request.

A request may be made under subsection (1) at any time while the protection order remains in force.

Where a request is made to a Registrar under subsection (1), the Registrar must arrange for the matter to be referred to a service provider without delay.

The number of safety programme sessions to be provided to a protected person by a service provider to whom a referral has been made under subsection (4) is to be determined by the Registrar following discussion with the service provider.

Every lawyer acting for an applicant for a protection order must—

On making a protection order, the court must direct the respondent to—

The court need not make a direction under subsection (1) if—

This section applies where the court makes a direction under section 51D on an application made without notice.

Where this section applies,—

Where the respondent notifies the court, in accordance with subsection (2)(b), that he or she objects to the direction,—

Nothing in this section or section 51F gives the court power to review any order or decision other than the direction to which the notice relates, but nothing in this section limits section 76 or 79.

After considering an objection, made under section 51E, to a direction, the court may—

Where, pursuant to subsection (1), the court confirms or varies a direction, then, if the respondent is before the court, the Judge must warn the respondent that non-compliance with the direction is an offence punishable by imprisonment.

Failure to give the warning required by subsection (2) does not affect the validity of the direction confirmed or varied.

After the court has made a direction under section 51D, the Registrar must, without delay,—

This section is subject to section 51E.

As soon as possible after receiving a notification under section 51G, the service provider must arrange to meet with the respondent to—

This section applies if a service provider has concerns about the safety of a protected person—

The service provider must, without delay, notify the Registrar of those concerns.

On receiving a notification under subsection (2), the Registrar must—

On receiving a copy of a notification under subsection (3)(a), the Judge may make such orders or directions as the Judge thinks fit in the circumstances.

This section applies if a service provider, after undertaking an assessment of the respondent,—

The service provider must—

After receiving a notification under subsection (2)(a) and the information referred to in subsection (2)(b), the Registrar must make a new referral under section 51G to a service provider that is able to provide an appropriate programme to the respondent.

This section applies if a service provider, after undertaking an assessment of a respondent, determines that—

The service provider must notify the Registrar, and the Registrar must bring the matter to the attention of a Judge.

When a matter is brought to the attention of a Judge under subsection (2), the Judge must—

Before providing a non-violence programme to a respondent, the service provider must settle in writing with the respondent the terms of attendance, which must include—

The service provider must provide to the Registrar a copy of the terms of attendance that the service provider has settled with the respondent.

If a service provider is not able to settle with a respondent the terms of attendance, the service provider must notify the Registrar.

On receipt of a notice under subsection (3), the Registrar must—

When a matter is brought to the attention of a Judge under subsection (4)(b), the Judge may make such further directions as the Judge thinks fit in the circumstances.

Subsection (2) applies if at any time during the provision of a non-violence programme the service provider considers that—

The service provider must—