Domestic Violence Act 1996

Discharge of orders.

13

13. (1) Where a safety order, barring order, interim barring order or protection order has been made, any of the following may apply to the court that made the order to have the order discharged, that is to say:

( a) if the application for the order was made by F26 [ the F27 [ Child and Family Agency ] ] in respect of any dependent person by virtue of section 6

(i) F26 [ the F27 [ Child and Family Agency ] ],

(ii) the person referred to in subsection (1) (c) of that section, or

(iii) the respondent to that application;

( b) if the application for the order was made by F26 [ the F27 [ Child and Family Agency ] ] in any other case by virtue of section 6

(i) F26 [ the F27 [ Child and Family Agency ] ],

(ii) the person who was the applicant for the order, or

(iii) the respondent to that application;

( c) in any other case—

(i) the person who was the applicant for the order, or

(ii) the person who was the respondent to the application for the order,

and thereupon the court shall discharge the order if it is of the opinion that the safety and welfare of the applicant or such dependent person for whose protection the order was made does not require that the order should continue in force.

(2) On determination of any matrimonial cause or matter F28 [ or any annulment or dissolution proceedings under the Act of 2010, ] between the applicant and the respondent or of any proceedings between them under the Guardianship of Infants Act, 1964, the court determining any such cause, matter or proceedings may, if it thinks fit, discharge any safety order, barring order, interim barring order or protection order.

(3) 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.