Scope of protection orders

14 Power to make protection order

(1)

The court may make a protection order if it is satisfied that—

(a)

the respondent is using, or has used, domestic violence against the applicant, or a child of the applicant’s family, or both; and

(b)

the making of an order is necessary for the protection of the applicant, or a child of the applicant’s family, or both.

(2)

For the purposes of subsection (1)(a), a respondent who encourages another person to engage in behaviour that, if engaged in by the respondent, would amount to domestic violence against the applicant, or a child of the applicant’s family, or both, is regarded as having engaged in that behaviour personally.

(3)

Without limiting section 3(4)(b) or the matters that the court may consider in determining, for the purposes of subsection (1)(b) of this section, whether the making of an order is necessary for the protection of the applicant, or a child of the applicant’s family, or both, where some or all of the behaviour in respect of which the application is made appears to be minor or trivial when viewed in isolation, or appears unlikely to recur, the court must nevertheless consider whether the behaviour forms part of a pattern of behaviour in respect of which the applicant, or a child of the applicant’s family, or both, need protection.

(4)

For the avoidance of doubt, an order may be made under subsection (1) where the need for protection arises from the risk of domestic violence of a different type from the behaviour found to have occurred for the purposes of paragraph (a) of that subsection.

(5)

Without limiting the matters that the court may consider when determining whether to make a protection order, the court must have regard to—

(a)

the perception of the applicant, or a child of the applicant’s family, or both, of the nature and seriousness of the behaviour in respect of which the application is made; and

(b)

the effect of that behaviour on the applicant, or a child of the applicant’s family, or both.