PART 3

Powers for dealing with domestic abuse

Domestic abuse protection orders

Variation and discharge: supplementary
45
1
Any application to vary or discharge a domestic abuse protection order under section 44 must be made to the court that made the order.
This is subject to subsections (2) and (3).
2
Where the order was made by a magistrates’ court, an application to vary or discharge the order may be made to any other magistrates’ court acting in the local justice area in which that court acts.
3
Where—
a
the order was made under section 31 on an appeal in relation to a person’s conviction or sentence for an offence, or
b
the order was made by a court under that section against a person committed or remitted to that court for sentencing for an offence,
any application to vary or discharge the order must be made to the court by or before which the person was convicted (but see subsection (4)).
4
Where the person mentioned in subsection (3)(b) was convicted by a youth court, the reference in subsection (3) to the court by or before which the person was convicted is to be read as a reference to a magistrates’ court acting in the local justice area in which the youth court acts.
5
Except as provided for by subsection (3), a domestic abuse protection order made by the Crown Court may be varied or discharged under section 44 only by the Crown Court.
6
A domestic abuse protection order made by the High Court may be varied or discharged under section 44 only by the High Court.
7
An order that has been varied under section 44 remains an order of the court that first made it for the purposes of any further application under that section.
8
Subsection (9) applies in a case where—
a
an order made against a person is varied under section 44 so as to include an additional requirement, or to extend the period for which the order, or a requirement imposed by the order, has effect, and
b
the person was not given notice of the proceedings.
9
The person commits an offence under section 39 only if—
a
the behaviour constituting the offence was engaged in at a time when the person was aware of the making of the variation, and
b
the behaviour would not have constituted an offence under that section in the absence of the variation.