The purpose of this Act is to stop and prevent family violence by—

A court that, or a person who, exercises a power conferred by or under this Act must be guided in the exercise of the power by that purpose.

For example, a family violence agency or social services practitioner exercising a power conferred by or under Part 2 (information sharing) must be guided in the exercise of the power by that purpose.

For example, the District Court exercising a power conferred by or under Part 3 (Police safety orders) must be guided in the exercise of the power by that purpose.

The following principles are to guide the achievement of the purpose of this Act:

Part 1 is about preliminary provisions and contains the purpose of this Act, principles to guide the achievement of that purpose, definitions, and other preliminary provisions.

Part 2 is about information sharing and contains provisions enabling information sharing, by and with stated people, for purposes related to family violence (see section 18).

Part 3 is about Police safety orders and contains provisions on the issuing, serving, duration, effect, and contravention of Police safety orders (see section 26).

Part 4 is about protection orders and contains provisions on applications for, and the scope, conditions, duration, variation, discharge, and enforcement of, protection orders (see section 59).

Part 5 is about property orders and contains provisions on applications for, and the effect, conditions, duration, variation, discharge, and enforcement of, property orders (see section 114).

Part 6 is about procedure and contains provisions on temporary orders, general procedural matters, and appeals (see section 146).

Part 7 is about programmes and prescribed services and contains provisions on safety programmes for protected people, mandatory non-violence programmes and discretionary prescribed services for respondents, and enforcement and powers when a matter is referred back to the court (see section 183).

Part 8 is about overseas protection orders and contains provisions on enforcement of New Zealand protection orders overseas and enforcement in New Zealand of foreign protection orders (see section 215).

Part 9 is about public registers not publishing identifying information relating to a protected person (see section 229).

Part 10 contains other provisions (for example, about regulations, rules, and codes of practice) (see section 248).

Sections 123A to 123H (protection orders) of the Sentencing Act 2002 apply if—

Those related sentencing provisions enable the court, as well as imposing a sentence or making any other order, to make a protection order against the offender if—

Guides in this Act to provisions are only a guide to the general scheme and effect of those provisions.

In this Act, unless the context otherwise requires,—

In this Act, family violence, in relation to a person, means violence inflicted—

In this section, violence means all or any of the following:

Violence against a person includes a pattern of behaviour (done, for example, to isolate from family members or friends) that is made up of a number of acts that are all or any of physical abuse, sexual abuse, and psychological abuse, and that may have 1 or both of the following features:

Violence against a person may be dowry-related violence (that is, violence that arises solely or in part from concerns about whether, how, or how much any gifts, goods, money, other property, or other benefits are—

Subsection (2) is not limited by subsections (3) and (4) and must be taken to include references to, and so must be read with, sections 10 and 11.

A single act may amount to abuse.

A number of acts that form part of a pattern of behaviour (even if all or any of those acts, when viewed in isolation, may appear to be minor or trivial) may amount to abuse.

This section does not limit section 9(2).

Psychological abuse includes—

A person psychologically abuses a child if that person—

However, the person who suffers the abuse in subsection (2)(a) and (b) is not regarded, under subsection (2), as having (as the case may be)—

Psychological abuse may be or include behaviour that does not involve actual or threatened physical or sexual abuse.

This section does not limit section 9(2)(c).

For the purposes of this Act, a person (A) is in a family relationship with another person (B) if A—

For the purposes of section 12(c), a person (A) is not regarded as sharing a household with another person (B) by reason only of the fact that—

A person (A) is not regarded as having a close personal relationship with another person (B) under section 12(d) by reason only of the fact that A has, with B,—

A person (A) is not prevented from having a close personal relationship with another person (B) under section 12(d) by reason only of the fact that A has, with B, a recipient of care-carer relationship.

In determining whether a person (A) has a close personal relationship with another person (B) under section 12(d), the court must have regard to—

Despite subsection (3)(a), it is not necessary for a person (A) to have a sexual relationship with another person (B) in order for A to have a close personal relationship with B.

Subsections (2), (3), and (4) do not limit the matters to which a court may have regard in determining, under section 12(d), whether a person has a close personal relationship with another person.

An example provided in this Act of the operation of a provision of an enactment—

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

This Act binds the Crown.

The purpose of this Part is to encourage family violence agencies and social services practitioners to collaborate to identify, stop, prevent, and otherwise respond to family violence.

To help achieve that purpose, this Part—

In this Part, unless the context otherwise requires,—

A family violence agency or social services practitioner may request personal information about a victim or perpetrator of family violence from any, or from another, family violence agency or social services practitioner, to use or disclose for all or any of the following purposes:

The rest of this section applies to a holder agency or practitioner.

The holder agency or practitioner may use the personal information for all or any of the purposes in subsection (1)(a) to (c).

The holder agency or practitioner may disclose the personal information to a recipient agency or practitioner—

This section applies to a holder agency or practitioner that, or who, is deciding whether or not to disclose information under section 20 (which authorises, but does not require, a decision that information be made available).

The holder agency or practitioner must have regard to the principle that helping to ensure that a victim is protected from family violence should usually take precedence over both—

This section applies to an agency or practitioner requesting, using, or disclosing information under section 20.

The agency or practitioner must comply with any applicable code of practice provisions (on information requests, use, and disclosure) issued under section 254(1) and (2)(c).

Section 20 does not affect or limit court information being able to be accessed by, disclosed to, or shared with a family violence agency or social services practitioner only as authorised by or under—

Section 20 does not affect or limit any collection, use, or disclosure of the information authorised or required by or under the Privacy Act 2020 or any other enactment.

Disclosure under section 20 does not limit the right, under a privilege or right referred to in section 53(5), 54, 56, 57, 58, 59, 60, or 68 of the Evidence Act 2006, to refuse to disclose any communication or information sought by a requirement to provide information.

A holder agency or practitioner must consider disclosing personal information about a victim or perpetrator of family violence under section 20 to a recipient agency or practitioner if the holder agency or practitioner—

This section applies to the disclosure by a holder agency or a practitioner, and in any manner, of information under section 20.

No civil, criminal, or disciplinary proceedings lie against the holder agency or practitioner in respect of that disclosure, or the manner of that disclosure, by the holder agency or practitioner of that information.

However, subsection (2) does not apply if that information was disclosed in bad faith.

This Part contains provisions about a qualified constable issuing against a person (A) an order—

In this Part, unless the context otherwise requires,—

A qualified constable may issue a Police safety order in the prescribed form against a person (A) who is, or has been, in a family relationship with another person (B) if the constable has reasonable grounds to believe that the issue of an order is necessary to help make B safe from family violence.

In deciding if the reasonable grounds to believe required by subsection (1) exist, the qualified constable must have regard to the matters specified in section 29.

A constable who is not a qualified constable may issue an order under this section only if the constable is specifically authorised by a qualified constable to issue that order.

In considering whether to issue an order against A, the qualified constable must have regard to the following matters:

In considering the period to be specified in the order, the qualified constable must also have regard to those matters (see section 35(3)).

An order may be issued without the consent of B (the person for whose safety the order is proposed to be issued).

A qualified constable must not issue an order against a child unless satisfied that the child is aged 16 years old or over and that the order is justified by special circumstances.

A constable who is proposing to issue a Police safety order under section 28 against any person may detain that person for a period, not exceeding 2 hours, that may be necessary to enable the constable to do 1 or more of the following:

If a person who is detained under subsection (1) fails or refuses to remain at the place where that person is detained, that person—

Subsection (2) applies in respect of a person detained under subsection (1)(a) regardless of whether an order is issued.

The maximum penalty for an offence against subsection (2)(a) is a fine not exceeding $500.

In this section, detain includes move the person to a Police station.

A constable who issues an order must, if and to the extent that it is reasonably practicable to do so in the circumstances, either at the time of issue or service of the order, explain to the bound person—

A constable who issues an order must also, either before or after issue and service of the order, explain to the person at risk the matters set out in subsection (1)(a) and (b).

A constable or Police employee who, while a Police safety order is in force, issues to the bound person a direction under section 42 must, if and to the extent that it is reasonably practicable to do so in the circumstances, either at the time of issue or service of the direction, explain to the bound person—

A constable or Police employee who issues a direction under section 42 related to a Police safety order must also, either before or after issue and service of the direction, explain to the person at risk the order the matters set out in subsection (3)(a) and (b).

An order issued under section 28 must be served by a constable as soon as practicable on the bound person.

If an order issued under section 28 has not been served within 48 hours from the time of issue, the order lapses.

An order comes into force immediately on being served on the bound person.

An order continues in force for the period specified in the order, but that period must not exceed 10 days.

In considering the period to be specified in the order, the qualified constable must have regard to the matters set out in section 29(1).

A bound person must immediately vacate any land or building occupied by a person at risk, whether or not the person at risk has a legal or equitable interest in the land or building.

A bound person must immediately surrender to a constable—

It is a condition of every order that the bound person must not—

Contact by the person bound with a person at risk is authorised, and not in breach of an order’s no-contact condition, if the contact is—

While an order that has been issued is in force,—

This section applies if an order is issued and—

While an order is in force against any person, a parenting order or an agreement affording to that person the day-to-day care of, or contact with, a protected child (as so defined) is suspended.

An assessor carries out an assessment under this section to identify—

A constable (even if not a qualified constable) or Police employee may, while a Police safety order is in force, issue to the bound person a written direction to—

The constable or Police employee must, as soon as practicable after issuing the direction to the bound person, ensure that a copy of the direction is served on the bound person.

The direction lapses if—

A person’s refusal or failure, without reasonable excuse, to comply with the direction after it has been served on the person, and if it has not lapsed, is taken for the purposes of section 43 to be a refusal or failure by the person to comply with an order served on the person.

This subsection applies if a person who has been served with an order refuses or fails to comply with—

If subsection (1) applies, a constable who believes on reasonable grounds that the person has refused or failed to comply with the order or a condition of the order may take the person into custody by—

A person who is taken into custody under subsection (2)(a) must be brought before the District Court within 24 hours.

If a person who is taken into custody under section 43(2)(a) is not brought before the District Court within 24 hours, that person must, at or before the expiry of that period,—

A summons served under subsection (1)(b) must be in the prescribed form.

If a person who has been served with a summons under subsection (1)(b) does not attend personally at the place and time specified in the summons, the District Court or a Registrar may issue a warrant, in the prescribed form, to—

This section applies if a person has been taken into custody by a constable under section 43(2).

The constable may apply to the District Court, by making a complaint in the prescribed form, for a direction or an order under section 46.

If the District Court presided over by 1 or more Justices, or 1 or more Community Magistrates, is satisfied that a person has refused or failed to comply with a Police safety order, the court may,—

If the District Court presided over by a District Court Judge is satisfied that a person has refused or failed to comply with a Police safety order, the Judge may—

If the court makes a direction of the kind specified in subsection (1)(a) or (b), the court may direct that the person against whom the order is to be issued be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be issued and served on that person.

A District Court Judge may issue a temporary protection order under section 46(2)(b) in the absence of R, S, or both.

A District Court Judge may only issue an order of the kind referred to in section 46(2)(b) if S—

This section applies to the jurisdiction conferred on the District Court or a Registrar under section 46 or 51.

That jurisdiction is criminal jurisdiction of the District Court.

Every question of fact arising in any proceeding under section 46 or 51 must be decided on the balance of probabilities.

Subsection (1) applies despite section 48 and despite any other contrary law (for example, every enactment or other law in the decision in Mark v Police [2013] NZHC 1041).

Rules of court may be made under section 252(1)(a) of this Act, or under section 228(1)(b) of the District Court Act 2016, regulating the practice and procedure of the District Court in proceedings under section 46 or 51.

Subsection (1) does not limit the generality of section 252(1)(a) or (b) of this Act or of section 228(1)(b) of the District Court Act 2016.

This subsection applies if—

The District Court or a Registrar may, if subsection (1) applies, issue a warrant in the prescribed form.

A warrant to arrest a person under this section—

For the purpose of executing a warrant issued under this section, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that the person against whom it is issued is on those premises.

The constable executing the warrant must—

A person who is arrested under this section must, as soon as possible, be brought before the District Court to enable it to exercise its jurisdiction under section 46.

If the District Court makes a temporary protection order under section 46(2)(b), the Registrar of that court must—

For the purpose of subsection (1), the court may direct that the person against whom the order is made be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be issued and a copy served on that person.

Immediately after the issue of a protection order under section 46, the District Court must send a copy of the order to the Family Court nearest to the residence of the person for whose safety the Police safety order and temporary protection order were issued.

On receipt of a copy of an order under subsection (1), the Registrar of the Family Court must enter the order in the records of the Family Court.

As soon as an order has been entered in the records of the Family Court under section 53(2), the order is to be treated as if it were a temporary protection order made by that court.

This section applies to any thing done, or omitted to be done, in good faith and with reasonable care, by the Crown or a constable, for the purpose of carrying out the provisions of this Part.

No action or proceedings may be brought against the Crown or the constable in respect of doing, or omitting to do, that thing.

A person or an organisation approved to do so under this section may carry out assessments under section 42.

A person or an organisation (for example, a government organisation) may be approved under this section by the Secretary—

A person or an organisation seeking an approval under this section by way of an application, or an own-motion approval under this section, must follow the applicable process (if any) prescribed by regulations made under section 249(b)(i).

The Secretary may, at any time, amend, suspend, or cancel an approval under this section (see also section 57).

An approval, or an amendment, suspension, or cancellation of an approval, under this section must be by written notice copied to the person or organisation (see also section 58).

In deciding whether to grant, amend, suspend, or cancel an approval under section 56, the Secretary must apply the criteria (if any) prescribed for the purposes of this section by regulations made under section 249(b)(ii).

The Secretary must publish promptly on an Internet site maintained by or on behalf of the Ministry of Justice an up-to-date list of assessors approved under section 56.

This Part contains provisions about protection orders, including provisions indicating that—

A person (A) may apply to the court for a protection order against another person (B) with whom A is or has been in a family relationship.

If A is a child, the child may under section 62(2) make the application only—

If A is a person lacking capacity to whom section 67 applies, the application must be made under that section by a representative.

If A is aged 16 years old or over but is unable, in the circumstances specified in section 69(1)(c), to make the application personally, an application may be made on A’s behalf by a representative appointed under section 69.

Any application for a protection order may seek—

A child may, under this section, make an application for a protection order.

A child may make the application only—

This section does not limit or affect the making or operation of rules of court (for example, rules made under section 16A(1) of the Family Court Act 1980) that—

This section applies if an application for a protection order is made, on behalf of a child, by a representative under section 62(2)(a).

The child may be heard in the proceedings even though the proceedings arose from the application made by the representative, and despite section 62(2)(a).

If the child expresses views on any matters related to the proceedings, the court must take account of those views.

The court must not make a protection order against a child unless satisfied that the child is aged 16 years old or over and that the order is justified by special circumstances.

The court must not make a direction under section 89 (protection from respondent’s associates) that a protection order apply against a child unless satisfied that the child is aged 16 years old or over and that the direction is justified by special circumstances.

In determining under this section whether a protection order, or direction under section 89, is justified by special circumstances, the court—

This section applies to an application under section 62 or 64 for a protection order.

For the purpose of expediting consideration of the application, a Registrar, on the Registrar’s own initiative, may—

On receipt of a request to provide such brief written advice, the advice must be provided by—

The Registrar must refer advice received (from the chief executive or a social worker of that kind) to the Judge who is considering the application.

This section applies to an application under section 62 or 64 for a protection order (other than a temporary order).

The court may direct the Registrar to supply to the chief executive a copy of the application.

The Registrar must, if directed by the court to do so, supply to the chief executive a copy of the application.

If the Registrar supplies to the chief executive a copy of the application, the chief executive, or a person employed in the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 as a social worker,—

This subsection applies if a person lacking capacity (P) is eligible to apply for a protection order and—

If subsection (1) applies, the protection order must be applied for, on P’s behalf, and under rules of court, by a representative (for example, an approved organisation that is authorised by section 74 to take proceedings under this Act on behalf of P).

No representative may be appointed under rules of court to make an application for a protection order on behalf of a person lacking capacity (P) unless, before making the appointment, the court or, as the case requires, the Registrar is satisfied—

A representative who under section 67 makes an application for a protection order on behalf of a person lacking capacity (P) must—

However, section 67(3)(b) and subsection (1)(a) do not require reasonable steps to be, or to have been, taken to ascertain P’s views in relation to an appointment or a matter if P wholly lacks the capacity to communicate decisions in respect of matters relating to P’s personal care and welfare.

In determining the application, the court must take into account any views ascertained under section 67(3)(b) and subsection (1)(a).

This section applies if a person aged 18 years old or over (P)—

An application (made with or without notice) for a protection order may be made on behalf of P by a representative (for example, an approved organisation authorised by section 74 to take proceedings under this Act on behalf of P).

The court or a Registrar may, on an application made under this subsection for the purpose, appoint a person as a representative of P for the purpose of making and prosecuting, on behalf of P, an application (made with or without notice) for a protection order if the person—

If an application for the appointment of a representative is made under subsection (3), the court or Registrar must make the appointment sought if satisfied—

In this section, a person is incapacitated if, by reason of physical, intellectual, or mental impairment, whether temporary or permanent, the person is—

This section applies if an application for a protection order is made under section 69, on behalf of a person (P), by a representative.

P may be heard in the proceedings even though the proceedings arose from the application made by the representative.

If P expresses views on any matters related to the application, the court must take account of those views.

An organisation approved under this section may be authorised by section 74 to take proceedings—

An organisation may be approved under this section by the Secretary—

An organisation seeking an approval under this section by way of an application, or an own-motion approval under this section, must follow the applicable process (if any) prescribed by regulations made under section 249(b)(i).

The Secretary may, at any time, amend, suspend, or cancel an approval under this section (see also section 72).

An approval, or an amendment, suspension, or cancellation of an approval, under this section must be by written notice copied to the organisation (see also section 73).

In deciding whether to grant, amend, suspend, or cancel an approval under this section, the Secretary must apply the criteria (if any) prescribed for the purposes of this section by regulations made under section 249(b)(ii).

The Secretary must publish promptly on an Internet site maintained by or on behalf of the Ministry of Justice an up-to-date list of approved organisations.

An approved organisation that complies with subsection (2) is authorised by this section to make under section 62, 67, or 69, on behalf of a child or person (P), an application (made with or without notice) for an order.

To comply with this subsection, the organisation must, without making an application to be appointed or to act as a representative for P, complete and file in the court an application form (for the order and) that—

However, subsection (2) does not require reasonable steps to be, or to have been, taken to ascertain P’s views in relation to the organisation acting as a representative for P if P wholly lacks the capacity to communicate decisions in respect of matters relating to P’s personal care and welfare.

The court may make a protection order on an application without notice only if satisfied that the delay that would be caused by proceeding on notice would or might involve, for the applicant, or a child of the applicant’s family, or both, 1 or both of the following:

In determining whether to make a protection order on an application without notice, the court must have regard to—

Subsection (2) does not limit the matters to which the court may have regard when determining whether to make a protection order on an application without notice.

A protection order made on an application without notice is a temporary order that, unless sooner discharged, becomes final by operation of law 3 months after the date the order is made.

This section is subject to sections 147 to 155.

If a protection order is made on an application without notice, the respondent may—

If a protection order is made on an application without notice and, under section 89, the court directs that the order applies against another person, that associated respondent may—

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

This section applies if a respondent encourages another person to engage in behaviour that, if engaged in by the respondent, would be family violence against the applicant, a child of the applicant’s family, or both.

The respondent is, for the purposes of section 79(a), regarded as having engaged in that behaviour personally.

An order may be made under section 79 if the need for protection under section 79(b) arises from the risk of family violence of a different type from the behaviour found to have occurred for the purposes of section 79(a).

This section applies if 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 against which the applicant, or a child of the applicant’s family, or both, need protection.

This section does not limit section 10(2) or the matters that the court may consider in determining, for the purposes of section 79(b), whether the making of an order is necessary for the protection of the applicant, or a child of the applicant’s family, or both.

When determining whether to make a protection order, the court must have regard to—

This section does not limit the matters that the court may consider when determining whether to make a protection order.

A court must not decline to make a protection order merely because of the existence of other proceedings between or relating to the parties.

This section applies whether or not the other proceedings between or relating to the parties also relate to any other person.

The other proceedings may be or include, but are not limited to, proceedings relating to the role of providing day-to-day care for, or contact with, or custody of a child.

If the court grants an application for a protection order, the court must not also make a protection order in favour of the respondent unless—

A protection order applies for the benefit of any child of the applicant’s family.

A protection order continues to apply for the benefit of a child of the applicant’s family until—

If a child of the applicant’s family has become an adult child (because that child of the applicant’s family, having attained the age of 18 years, continues to ordinarily or periodically reside with the applicant), a protection order continues to apply for the benefit of the adult child until—

In or after making a protection order, the court may (subject to subsections (2) and (3)) direct that the order also apply for the benefit of either or both of the following:

No direction may be made under subsection (1)(a) (in respect of a child of the applicant who is not a child of the applicant’s family) unless the court is satisfied that the making of the direction is necessary for the protection of the child.

No direction may be made under subsection (1)(b) (in respect of a person who is not a child of the kind specified in subsection (1)(a)) unless the court is satisfied that—

Sections 80 to 83 apply, with the necessary modifications, to an application for a direction under subsection (1)(a) or (b) of this section.

This section applies if the applicant dies at any time after a protection order is made for the protection of the applicant.

Despite the applicant’s death, the order (if it has not sooner lapsed or been discharged) continues to apply for the benefit of—

In or after making a protection order against the respondent, the court may also direct that the order apply against a person whom the respondent is encouraging, or has encouraged, to engage in behaviour against a protected person if that behaviour, if engaged in by the respondent, would amount to family violence.

However, no direction may be made under subsection (1) in respect of a person unless the court is satisfied that—

A direction may be made under subsection (1) whether the behaviour against a protected person was engaged in before or after the person became a protected person.

Sections 80 to 83 apply, with the necessary modifications, in respect of an application for a direction under subsection (1) of this section.

A protection order has, as standard conditions, that the respondent must not—

The protected person may suspend the standard no-contact condition by giving consent to contact.

The protected person may reinstate the standard no-contact condition by cancelling consent to contact.

The standard no-contact condition may any number of times—

This section is subject to sections 93 and 94(1).

Contact to which the protected person may give or cancel consent under section 91(1) or (2) may be or include all or any of the following:

This section is subject to section 93.

No consent under section 91 can authorise contact inconsistent with—

No consent to contact under section 91 is valid unless in writing or in a digital communication (for example, in a text message, email, letter, or standard form).

However, a cancelling of consent to contact under section 91 may take any form (for example, words spoken face to face, or by telephone).

This section applies if a protection order has a special condition imposed under section 103(3) that specifies that a person (other than the respondent or the associated respondent) is entitled to consent, on the protected person’s behalf, in relation to contact with the protected person.

References in sections 91 to 94 to the giving or cancelling of the consent of a protected person include, as the case requires,—

Contact by the respondent with the protected person is authorised, and not in breach of the standard no-contact condition, if the contact is—

The contact authorised by subsection (1) may be contact made—

Subsection (2) does not limit subsection (1).

This section applies if, under a direction made under section 89, a protection order applies against an associated respondent.

Sections 90 to 96 apply, with the necessary modifications, in respect of the associated respondent.

It is a condition of every protection order that—

The time for surrender under subsection (1)(c) is—

This section is subject to sections 158 to 160.

On the making of a protection order,—

This section is subject to sections 158 to 160.

The respondent does not fail to comply with the standard condition contained in section 98 merely by having in the respondent’s possession, or having under the respondent’s control, any weapon or any firearms licence if,—

See also section 164 (about retention, return, and disposal of surrendered weapons and licences).

If, under sections 158 to 160, a protection order is varied so as to include the standard condition about weapons,—

This section is subject to sections 158 to 160.

If, under a direction made under section 89, a protection order applies against an associated respondent, sections 98 to 101 apply, with all necessary modifications, in respect of the associated respondent.

This section is subject to sections 158 to 160.

In or after making a protection order, the court may impose any conditions that are reasonably necessary, in the court’s opinion, for 1 or both of the following purposes:

A condition imposed under subsection (1) may (without limiting subsection (1)) relate to—

The court may under subsection (1) (without limiting subsection (1)) impose, as a condition of a protection order, a condition specifying a person who, for the purposes of sections 90(b), 91 to 95, and 104, is entitled—

If the court imposes a condition under this section, it may specify the period during which the condition is to have effect.

In the absence of a direction under subsection (4), and subject to section 104, a special condition has effect for the duration of the protection order, unless sooner varied or discharged.

This section applies to a special condition of a protection order if the special condition requires the respondent not to make contact with the protected person.

Sections 90 to 97 apply to the special condition as if it were the standard no-contact condition specified in section 90(b).

This section applies if—

The court may make 1 or more of the following orders if it considers the order or orders are necessary to protect the welfare and best interests of the child concerned:

An order must not be made under subsection (2) in respect of a child of the applicant’s family of or over the age of 16 years unless there are special circumstances.

Before the court makes an order under subsection (2), the Registrar should ensure the court has copies of, or information about all terms of, all existing relevant orders (if any) made under the Care of Children Act 2004.

An interim order made under subsection (2) should make clear how it relates to (how it operates with, overrides, or replaces all, or any parts, of) all existing relevant orders (if any) made under the Care of Children Act 2004.

An interim order made under subsection (2) must be taken to be an interim parenting order made under section 48(1) of the Care of Children Act 2004 (so that, for example,—

This section does not limit the court’s power under section 152, in making a temporary protection order, to direct a review of the arrangements for contact between the respondent and a child of the applicant’s family.

This section applies to proceedings under the Care of Children Act 2004 if—

For the purposes of section 19(1) of the Legal Services Act 2011 (which contains special provisions about conditions on grants of legal aid to people involved in proceedings under this Act), proceedings to which this section applies are a kind of proceedings that relate to, or arise out of, an application for a protection order under Part 4 of the Family Violence Act 2018.

A temporary protection order continues in force until—

A final protection order continues in force until it is discharged under section 109.

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

If 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,—

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

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

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

The court may discharge a protection order if all the following apply:

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

If 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 under subsection (4).

A specified person or, as the case may be, an associated respondent may apply for a protection order to be discharged in so far as the order relates to the specified person or, as the case may be, the associated respondent if the order—

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.

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

The court must not discharge a protection order under section 109 unless satisfied that the order is no longer necessary for the protection of any protected person.

In determining whether to discharge a protection order under section 109, the court must have regard to the following matters to the extent that they are relevant in the particular case:

Subsection (2) does not limit the matters to which the court may have regard in determining whether to discharge a protection order under section 109.

This section applies in relation to—

Sections 62, 63, 67, 68, 69, and 70 apply to those matters, so far as applicable and with the necessary modifications, as they apply to the making of an application for a protection order.

A person commits an offence if the person breaches a protection order by—

It is a defence in a prosecution for an offence under subsection (1) if the defendant proves that the defendant had a reasonable excuse for breaching the protection order.

Every person who is convicted of an offence against this section is liable to imprisonment for a term not exceeding 3 years.

A failure to comply with a direction made under section 188 is not a breach of a protection order under subsection (1)(b).

If a protection order is in force, a constable may arrest, without warrant, a person who the constable has good cause to suspect has—

This Part contains provisions about property orders, including provisions indicating that—

A person who makes an application for a protection order may, at any of the following times, also apply for an occupation order:

If the person who is eligible to apply for an occupation order is a child, the child may make the application only under section 140(2).

An occupation order grants the applicant the right to live in a dwellinghouse owned by either party to the proceedings, or in which either party to the proceedings has a legal interest (for example, a tenancy), at the time the occupation order is made.

However, no occupation order may be made in respect of any dwellinghouse unless either party to the proceedings owned it, or either party to the proceedings had a legal interest (for example, a tenancy) in it, at a time when the family relationship in respect of which the protection order is sought or was made existed.