Domestic Violence Act 1996

Power of health board to apply for certain orders.

6

6. (1) Subject to subsections (2), (3) and (4), this section shall apply where F17 [ the F18 [ Child and Family Agency ] ]

( a) becomes aware of an alleged incident or series of incidents which in its opinion puts into doubt the safety or welfare of a person (in this section referred to as the “ aggrieved person”),

( b) has reasonable cause to believe that the aggrieved person has been subjected to molestation, violence or threatened violence or otherwise put in fear of his or her safety or welfare,

( c) is of the opinion that there are reasonable grounds for believing that, where appropriate in the circumstances, a person would be deterred or prevented as a consequence of molestation, violence or threatened violence by the respondent or fear of the respondent from pursuing an application for a safety order or a barring order on his or her own behalf or on behalf of a dependent person, and

( d) considers, having ascertained as far as is reasonably practicable the wishes of the aggrieved person or, where the aggrieved person is a dependent person, of the person to whom paragraph (c) relates in respect of such dependent person, that it is appropriate in all the circumstances to apply for a safety order or a barring order or both in accordance with this Act on behalf of the aggrieved person.

(2) F17 [ the F18 [ Child and Family Agency ] ] may apply to the court on behalf of the aggrieved person for a safety order or a barring order for which the aggrieved person or, where the aggrieved person is a dependent person, the person to whom subsection (1) (c) relates in respect of such dependent person could have applied.

(3) Where an application is made by F17 [ the F18 [ Child and Family Agency ] ] by virtue of this section, the court shall, in determining whether, and if so to what extent, to exercise any of its functions under section 2, 3, 4, 5 or 13 , have regard to any wishes expressed by—

( a) the aggrieved person, or

( b) where the aggrieved person is a dependent person, the person to whom subsection (1) (c) relates in respect of such dependent person and, where the court considers it appropriate, such dependent person.

(4) The provisions of paragraphs (a) and (b) of subsection (1) need not be complied with—

( a) where the application relates to an aggrieved person who is a dependent person, or

( b) in respect of so much of an application as relates to an aggrieved person where such person is a dependent person,

if the court is of the opinion that there is reasonable cause to believe that—

(i) such dependent person has been or is being assaulted, ill-treated, sexually abused or seriously neglected, or

(ii) such dependent person’s health, development or welfare has been, is being or is likely to be avoidably impaired or seriously neglected,

and that if the order is made the likelihood of harm to such dependent person will not arise or will be materially diminished.

(5) The court shall not make a barring order or an interim barring order where the aggrieved person is a dependent person unless F17 [ the F18 [ Child and Family Agency ] ] satisfies the court that the person to whom subsection (1) (c) relates in respect of such dependent person is willing and able to provide reasonable care for such dependent person.

(6) F19 [ ]