Domestic Violence Act 1995

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46 Power to vary protection order

(1)

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

(a)

by varying or discharging any special condition of the protection order:

(b)

by imposing any special condition:

(c)

by varying or discharging a direction made pursuant to section 51D:

(d)

by making a direction pursuant to section 51D.

(2)

Where a protection order applies against an associated respondent, the court may, if it thinks fit, on the application of the applicant or the associated respondent, vary the protection order, in so far as it relates to the associated respondent,—

(a)

by varying or discharging any special condition of the protection order:

(b)

by imposing any special condition:

(c)

by varying or discharging a direction made pursuant to section 51D:

(d)

by making a direction pursuant to section 51D.

(3)

The court may, if it thinks fit, on the application of the applicant, vary a protection order—

(a)

by directing, pursuant to section 16(2), that the protection order also apply for the benefit of a particular person:

(b)

by directing, pursuant to section 17, that the protection order apply against a particular person.

(4)

The court may, if it thinks fit, on the application of a specified person (other than a child), vary a protection order—

(a)

by varying or discharging any special condition of the protection order, in so far as the special condition relates to the specified person:

(b)

by imposing a special condition that relates to that specified person.

(5)

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.

Section 46(1)(c): amended, on 1 October 2014, by section 10(1) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 46(1)(d): amended, on 1 October 2014, by section 10(1) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 46(2)(c): amended, on 1 October 2014, by section 10(2) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 46(2)(d): amended, on 1 October 2014, by section 10(2) of the Domestic Violence Amendment Act 2013 (2013 No 77).