Domestic Abuse Act 2021

33 Matters to be considered before making an order

(1) Before making a domestic abuse protection order against a person (“P”), the court must, among other things, consider the following—

(a) the welfare of any person under the age of 18 whose interests the court considers relevant to the making of the order (whether or not that person and P are personally connected);

(b) any opinion of the person for whose protection the order would be made—

(i) which relates to the making of the order, and

(ii) of which the court is made aware;

(c) in a case where the order includes provision relating to premises lived in by the person for whose protection the order would be made, any opinion of a relevant occupant—

(i) which relates to the making of the order, and

(ii) of which the court is made aware.

(2) In subsection (1)(c) “relevant occupant” means a person other than P or the person for whose protection the order would be made—

(a) who lives in the premises, and

(b) who is personally connected to—

(i) the person for whose protection the order would be made, or

(ii) if P also lives in the premises, P.

(3) It is not necessary for the person for whose protection a domestic abuse protection order is made to consent to the making of the order.