Section 18B
Section 18B
(1)
The court may, upon being satisfied that domestic violence has been committed or is likely to be committed by any person against a family member and that it is necessary for the protection of that family member,
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make a protection order restraining that person from committing domestic violence against that family member.
(2)
An application under this Part may be made by —
(a)
the family member concerned;
(b)
an enforcement officer; or
(c)
in the case of a child or an incapacitated adult, a guardian, a relative or the person responsible for the care of that child or incapacitated adult, or by any person appointed by the Director of
Community Development.
(3)
A protection order may be made subject to such exceptions or conditions as may be specified in the order and for such period as may be specified therein.
(4)
The court, in making a protection order, may include a provision that the person against whom the order is made shall not incite or assist any other person to commit domestic violence against the protected person.
(5)
A protection order may, where the court is satisfied that it is necessary for the protection of the protected person, provide for such orders as it thinks fit, having regard to all the circumstances of the case, including any one or more of the following orders —
(a)
granting the right of exclusive occupation to the protected person of the shared residence or any specified part of the shared residence by excluding the person against whom the order is made from the shared residence or specified part thereof, regardless of whether the shared residence is solely owned or leased by the person against whom the order is made or jointly owned or leased by the parties;
(b)
prohibiting or restraining the person against whom the order is made from —
(i)
entering the protected person’s place of residence, shared residence or alternative residence;
(ii)
entering the protected person’s place of employment, school or other institution; or
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(iii)
making personal contact with the protected person other than in the presence of an enforcement officer or such other person as may be specified or described in the order;
(c)
requiring the person against whom the order is made to permit the protected person to enter —
(i)
the shared residence; or
(ii)
the residence of the person against whom the order is made, accompanied by any enforcement officer for the purpose of collecting the protected person’s personal belongings;
(d)
specifying the circumstances in which the person against whom the order is made may be permitted to communicate with the protected person;
(e)
requiring the person against whom the order is made to permit the protected person to have the continued use of a vehicle which has previously been ordinarily used by the protected person;
(f)
requiring the person against whom the order is made, the protected person, both of them or their children to attend counselling provided by such person as the Director of Community Development may approve or as the court may direct;
(g)
requiring the person against whom the order is made to pay compensation under section 18E to the protected person in respect of any injuries, destruction, damage or loss as it considers just and reasonable;
(h)
placing the protected person in any suitable place of protection for the safety of the protected person, and giving such directions as are necessary for or incidental to the proper carrying into effect of any such orders.
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(6)
Except so far as the exercise by the person against whom a protection order is made of a right to the shared residence is suspended, restricted, prohibited or restrained by virtue of an order made under subsection (5), such order shall not affect any title or interest that the person against whom the order is made or any other person might have in that residence.
(7)
Except so far as the exercise by the person against whom a protection order is made under subsection (5), such order shall not affect a right to maintenance or any other right to which the protected person is entitled under the Act.
Expedited order.