PART 3

Powers for dealing with domestic abuse

Domestic abuse protection orders

Making of orders without notice
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1
A court may, in any case where it is just and convenient to do so, make a domestic abuse protection order against a person (“P”) even though P has not been given such notice of the proceedings as would otherwise be required by rules of court.
2
Subsection (1) does not apply in relation to the making of an order under section 28 on an application made in accordance with subsection (3) of that section (see instead section 29(4) to (6)).
3
In deciding whether to exercise its powers under subsection (1), the court must have regard to all the circumstances, including—
a
any risk that, if the order is not made immediately, P will cause significant harm to the person for whose protection the order would be made,
b
in a case where an application for the order has been made, whether it is likely that the person making the application will be deterred or prevented from pursuing the application if an order is not made immediately, and
c
whether there is reason to believe that—
i
P is aware of the proceedings but is deliberately evading service, and
ii
the delay involved in effecting substituted service will cause serious prejudice to the person for whose protection the order would be made.
4
If a court makes an order against a person by virtue of subsection (1), it must give the person an opportunity to make representations about the order—
a
as soon as just and convenient, and
b
at a hearing of which notice has been given to all the parties in accordance with rules of court.