PART 3

Powers for dealing with domestic abuse

Domestic abuse protection orders

Provision that may be made by orders
35
1
A court may by a domestic abuse protection order impose any requirements that the court considers necessary to protect the person for whose protection the order is made from domestic abuse or the risk of domestic abuse.
“Requirement” includes any prohibition or restriction.
2
The court must, in particular, consider what requirements (if any) may be necessary to protect the person for whose protection the order is made from different kinds of abusive behaviour.
3
Subsections (4) to (6) contain examples of the type of provision that may be made under subsection (1), but they do not limit the type of provision that may be so made.
4
A domestic abuse protection order may provide that the person against whom the order is made (“P”)—
a
may not contact the person for whose protection it is made;
b
may not come within a specified distance of any premises in England or Wales in which that person lives;
c
may not come within a specified distance of any other specified premises, or any other premises of a specified description, in England or Wales.
“Specified” means specified in the order.
5
If P lives in premises in England or Wales in which the person for whose protection the order is made also lives, the order may contain provision—
a
prohibiting P from evicting or excluding that person from the premises;
b
prohibiting P from entering the premises;
c
requiring P to leave the premises.
6
A domestic abuse protection order may require P to submit to electronic monitoring in England and Wales of P’s compliance with other requirements imposed by the order.
In this Part a requirement imposed by virtue of this subsection is referred to as an “electronic monitoring requirement”.
7
Sections 36 and 37 contain further provision about the requirements that may be imposed by a domestic abuse protection order.