PART 3Powers for dealing with domestic abuse

Domestic abuse protection orders

36Further provision about requirements that may be imposed by orders

(1)

Requirements imposed on a person by a domestic abuse protection order must, so far as practicable, be such as to avoid—

(a)

conflict with the person’s religious beliefs;

(b)

interference with the person’s work or with the person’s attendance at an educational establishment;

(c)

conflict with the requirements of any other court order or injunction to which the person may be subject.

(2)

A domestic abuse protection order that imposes a requirement to do something on a person (“P”) must specify the person who is to be responsible for supervising compliance with that requirement.

(3)

Before including such a requirement in a domestic abuse protection order, the court must receive evidence about its suitability and enforceability from the person to be specified under subsection (2).

(4)

Subsections (2) and (3) do not apply in relation to electronic monitoring requirements (see instead section 37(3) to (6)).

(5)

It is the duty of a person specified under subsection (2)—

(a)

to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);

(b)

to promote P’s compliance with the relevant requirements;

(c)

if the person considers that—

(i)

P has complied with all the relevant requirements, or

(ii)

P has failed to comply with a relevant requirement,

to inform the appropriate chief officer of police.

(6)

In subsection (5)(c) the “appropriate chief officer of police” means—

(a)

the chief officer of police of the force maintained for the police area in which it appears to the person specified under subsection (2) that P resides,

(b)

if it appears to that person that P resides in more than one police area, whichever one of the relevant chief officers of police the person thinks it most appropriate to inform, or

(c)

if it appears to the person specified under subsection (2) that P does not reside in any police area, the chief officer of police of the force maintained for the police area in which the court that made the order is situated.

(7)

A person (“P”) who is subject to a requirement imposed by a domestic abuse protection order—

(a)

must keep in touch with the person specified under subsection (2) in relation to that requirement, in accordance with any instructions given by that person from time to time;

(b)

if P changes home address, must notify the person specified under subsection (2) of the new home address;

(c)

if P ceases to have any home address, must notify the person specified under subsection (2) of that fact.

These obligations have effect as requirements of the order.