Domestic Abuse Act 2021

Prospective

28 Domestic abuse protection orders on application E+W

(1) A court may make a domestic abuse protection order under this section against a person (“P”) on an application made to it in accordance with this section.

(2) An application for an order under this section may be made by—

(a) the person for whose protection the order is sought;

(b) the appropriate chief officer of police (see subsection (4));

(c) a person specified in regulations made by the Secretary of State;

(d) any other person with the leave of the court to which the application is to be made.

(3) Where P is given a domestic abuse protection notice by a member of a relevant police force under section 22, the chief officer of police in relation to that force must apply for a domestic abuse protection order against P.

(For further provision about such applications, see section 29.)

(4) The appropriate chief officer of police is—

(a) in a case where subsection (3) applies, the chief officer of police referred to in that subsection;

(b) in any other case, any of the following—

(i) the chief officer of police of the force maintained for any police area in which P resides;

(ii) the chief officer of police of any other force maintained for a police area who believes that P is in that police area or is intending to come to it;

(iii) the Chief Constable of the British Transport Police Force;

(iv) the Chief Constable of the Ministry of Defence Police.

(5) An application for an order under this section must be made to the family court, except where subsection (6) or (7) applies.

(6) An application made by a chief officer of police for an order under this section must be made by complaint to a magistrates' court.

(7) In a case where—

(a) P, and the person for whose protection the order is sought, are parties to any family or civil proceedings, and

(b) the court would have power to make a domestic abuse protection order under section 31 in those proceedings without an application being made,

an application for an order under this section may be made in those proceedings by the person for whose protection the order is sought.

(8) Where an application is made to a magistrates' court in accordance with this section—

(a) the magistrates' court may adjourn the hearing of the application;

(b) on the hearing of the application, section 97 of the Magistrates' Courts Act 1980 (summons to witness and warrant for arrest) does not apply in relation to the person for whose protection the order is sought, except where the person has given oral or written evidence at the hearing.