Domestic Violence Act 2018

6.

Safety order

6. (1) (a) In this section—

“applicant” means a person (other than the Agency) who has applied, or a person on whose behalf the Agency has applied by virtue of section 11, for a safety order against another person (in this section referred to as “the respondent”) and the person so applying or on whose behalf the Agency has so applied—

(i) is the spouse of the respondent,

(ii) is the civil partner of the respondent,

(iii) is not the spouse or civil partner of the respondent and is not related to the respondent within a prohibited degree of relationship, but was in an intimate relationship with the respondent prior to the application for the safety order,

(iv) is a parent of the respondent and the respondent is of full age and is not, in relation to the parent, a dependent person,

(v) being of full age, resides with the respondent in a relationship the basis of which is not primarily contractual, or

(vi) is a parent of a child whose other parent is the respondent;

“kindred”, in relation to two or more persons, means the relationship of each of those persons to the other person or to the rest of those persons by blood, adoption, marriage or civil partnership.

(b) For the purposes of paragraph (a)(v), in deciding whether or not a person is residing with another person in a relationship the basis of which is not primarily contractual, the court shall have regard to—

(i) the length of time those persons are residing together,

(ii) the nature of any duties performed by either person for the other person or any kindred person of that other person,

(iii) the absence of any profit or of any significant profit made by either person from any monetary or other consideration given by the other person in respect of residing at the place concerned, and

(iv) any other matters the court considers appropriate in the circumstances.

(2) Where the court, on application to it, is of the opinion that there are reasonable grounds for believing that the safety or welfare of an applicant or a dependent person so requires, it shall, subject to section 12, by order (in this Act referred to as a “safety order”) prohibit the respondent to the application from doing one or more of the following:

(a) using or threatening to use violence against, molesting or putting in fear, the applicant or the dependent person;

(b) if he or she is residing at a place other than the place where the applicant or that dependent person resides, watching or besetting a place where the applicant or the dependent person resides;

(c) following or communicating (including by electronic means) with the applicant or the dependent person.

(3) A safety order may be subject to such exceptions and conditions as the court may specify.

(4) Subject to subsection (5) and section 21, a safety order made by the District Court or by the Circuit Court on appeal from the District Court shall expire 5 years after the date of the making of the order or on the expiration of such shorter period as the court may provide for in the order.

(5) On or before the expiration of a safety order to which subsection (4) relates, a further safety order may be made by the District Court, or by the Circuit Court on appeal from the District Court, for a period of 5 years or such shorter period as the court may provide for in the order which further order shall take effect from the date of expiration of the first-mentioned order.

(6) On or before the expiration of a safety order, other than a safety order to which subsection (4) relates, a further safety order may be made by the District Court, or by the Circuit Court on appeal from the District Court, for a period of 5 years or such shorter period as the court may provide for in the order and that further safety order shall take effect from the date of expiration of the first-mentioned order.

(7) The court shall not, on an application for a barring order, make a safety order unless there is also an application for a safety order before the court concerning the same matter.

(8) Where a safety order has been made, any of the following persons may apply to have the order varied:

(a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11—

(i) the Agency,

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

(iii) the respondent to that application;

(b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11

(i) the Agency,

(ii) the applicant for the order, or

(iii) the respondent to that application;

(c) in any other case—

(i) the applicant for the order, or

(ii) the respondent to the application for that order.

(9) The court may, upon hearing an application under subsection (8), make such order varying the safety order as it considers appropriate in the circumstances.

(10) For the purposes of making an application under subsection (8), a safety order made by a court on appeal from another court shall be treated as if it had been made by that other court.