PART 3Powers for dealing with domestic abuse

Domestic abuse protection orders

31Domestic abuse protection orders otherwise than on application

(1)

A court may make a domestic abuse protection order under this section in any of the cases set out below.

Family proceedings

(2)

The High Court or the family court may make a domestic abuse protection order against a person (“P”) in any family proceedings to which both P and the person for whose protection the order would be made are parties.

Criminal proceedings

(3)

Where a person (“P”) has been convicted of an offence, the court dealing with P for that offence may (as well as sentencing P or dealing with P in any other way) make a domestic abuse protection order against P.

(4)

But subsection (3) does not apply where the Court of Appeal is dealing with a person for an offence.

(5)

A court by or before which a person is acquitted of an offence may make a domestic abuse protection order against the person.

(6)

Where the Crown Court allows a person's appeal against a conviction for an offence, the Crown Court may make a domestic abuse protection order against the person.

Civil proceedings

(7)

The county court may make a domestic abuse protection order against a person (“P”) in any relevant proceedings to which both P and the person for whose protection the order would be made are parties.

(8)

In subsection (7) “relevant proceedings” means proceedings of a description specified in regulations made by the Secretary of State.