PART 3

Powers for dealing with domestic abuse

Domestic abuse protection orders

Nature of certain proceedings under this Part
48
1
Proceedings before a court arising by virtue of section 31(3), (5) or (6), and proceedings before a court arising by virtue of section 44(2)(b) in any case within section 31(3), (5) or (6), are civil proceedings (like proceedings before a magistrates' court under section 28 or 44(2)(a)).
2
The court is not restricted in the proceedings to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted or (as the case may be) acquitted.
3
The court may adjourn any proceedings arising by virtue of section 31(3), (5) or (6), or any proceedings arising by virtue of section 44(2)(b) in any case within section 31(3), (5) or (6), even after sentencing or acquitting the person concerned or allowing the person's appeal.
4
A domestic abuse protection order may be made or varied in addition to an order discharging the person conditionally or absolutely in spite of anything in sections 79, 80 and 82 of the Sentencing Code (which relate to orders discharging a person conditionally or absolutely and their effect).
S. 48 in force at 28.4.2025 until the end of the specified period on 31.3.2026 in relation to the specified areas by S.I. 2025/515, regs. 1(3)(e)(f), 2 (with reg. 3) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 4)
S. 48 in force at 5.3.2025 until the end of the specified period on 26.11.2025 for E.W. in relation to the specified area by S.I. 2025/261, regs. 1(2)(f), 2, 3 (with reg. 4)
S. 48 in force at 27.11.2024 until the end of the specified period on 31.3.2026 for E.W. in relation to specified areas by S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 2)
S. 48 in force at 11.3.2025 until the end of the specified period on 31.3.2026 in relation to the specified areas by S.I. 2025/319, regs. 1(2)(f), 2, 3 (with reg. 4) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 3)