Domestic Violence Act 1995

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47 Power to discharge protection order

(1)

The court may, if it thinks fit, on the application of the applicant or the respondent, discharge a protection order.

(2)

On an application under subsection (1), the court may discharge a protection order even though the order—

(a)

applies for the benefit of a specified person pursuant to a direction made under section 16(2); or

(b)

applies against an associated respondent pursuant to a direction made under section 17.

(3)

Where a protection order to which subsection (2) relates is discharged, the order ceases to have effect for the benefit of the specified person or, as the case requires, against the associated respondent, as if that person had applied for and been granted a discharge of the order pursuant to subsection (4).

(4)

Where a protection order—

(a)

applies for the benefit of a specified person pursuant to a direction made under section 16(2); or

(b)

applies against an associated respondent pursuant to a direction made under section 17,—

the specified person or, as the case may be, the associated respondent may apply for the order to be discharged in so far as it relates to him or her.

(5)

On an application under subsection (4), the court may, if it thinks fit, discharge a protection order in so far as it relates to that specified person or, as the case may be, that associated respondent.

(6)

Where an application is made under this section in respect of a temporary protection order, the Registrar must assign a hearing date, which must be—

(a)

as soon as practicable; and

(b)

unless there are special circumstances, in no case later than 42 days after the application is made.

Compare: 1982 No 120 s 8