PART 3

Powers for dealing with domestic abuse

Domestic abuse protection orders

Matters to be considered before making an order
33
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.