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The Prohibition of Cross-Examination in Person (Civil and Family Proceedings) Regulations 2022

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Regulation 3

SCHEDULE 2Protective injunctions

This schedule has no associated Explanatory Memorandum

Table 1 – Protective injunctions and other orders under the law of England and Wales

Protective injunctions (England and Wales)Statutory provision or other law (England and Wales)
InjunctionCommon law
Occupation orderSections 33, 35, 36, 37 or 38 of the Family Law Act 1996
Non-molestation orderSection 42 of the Family Law Act 1996
Forced marriage protection order or interim forced marriage protection orderSection 63A of the Family Law Act 1996
InjunctionSection 3A of the Protection from Harassment Act 1997
Restraining orderSection 5A of the Protection from Harassment Act 1997
Female genital mutilation protection orderParagraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003
Sexual harm prevention orderSection 103A of the Sexual Offences Act 2003
Service restraining orderSection 229 of the Armed Forces Act 2006
Violent offender orderSection 98 of the Criminal Justice and Immigration Act 2008 (c. 4)
Domestic violence protection orderSection 28 of the Crime and Security Act 2010 (c. 17)
Stalking protection order or interim stalking protection orderSection 1 or 5 of the Stalking Protection Act 2019
Criminal behaviour orderSection 330 of the Sentencing Act 2020 (c. 17)
Sexual harm prevention orderSections 343 and 345 of the Sentencing Act 2020
Restraining orderSections 359 and 360 of the Sentencing Act 2020
Domestic abuse protection orderSection 28 or 31 of the Domestic Abuse Act 2021

Table 2 – Protective interdicts and other orders under the law of Scotland

Protective interdicts (Scotland)Statutory provision or other law (Scotland)
Common law interdictCommon law
Exclusion orderSection 4 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)
Matrimonial interdictSection 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981
Domestic interdictSection 18A of the Matrimonial Homes (Family Protection) (Scotland) Act 1981
Non-harassment orderSection 234A of the Criminal Procedure (Scotland) Act 1995
Non-harassment orderSection 8 or 8A of the Protection from Harassment Act 1997
Exclusion orderSection 104 of the Civil Partnership Act 2004 (c. 33)
Interdict for civil partnersSection 114 of the Civil Partnership Act 2004
Female genital mutilation protection orderSection 5A of the Prohibition of Female Genital Mutilation (Scotland) Act 2005
Risk of sexual harm orderProtection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Service restraining orderSection 229 of the Armed Forces Act 2006
Forced marriage protection order or interim forced marriage protection orderSection 1 or 5 of the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011
Interdict that has been determined to be a domestic abuse interdictSection 3 of the Domestic Abuse (Scotland) Act 2011

Table 3 – Protective injunctions and other orders under the law of Northern Ireland

Protective injunctions (Northern Ireland)Statutory provision or other law (Northern Ireland)
InjunctionCommon law
Restraining injunctionArticle 5 of the Protection from Harassment (Northern Ireland) Order 1997
Restraining orderArticle 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997
Occupation orderArticles 11 or 13 to 16 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998
Non-molestation orderArticle 20 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998
Female genital mutilation protection orderParagraph 18 of Part 2 of Schedule 2 to the Female Genital Mutilation Act 2003
Sexual offences prevention orderSection 104 of the Sexual Offences Act 2003
Risk of sexual harm orderSection 123 of the Sexual Offences Act 2003
Service restraining orderSection 229 of the Armed Forces Act 2006
Forced marriage protection order or interim forced marriage protection orderSection 2 and paragraph 1 of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007
Violent offences prevention orderSections 55 to 57 of the Justice Act (Northern Ireland) 2015 (c. 9)
Stalking protection order or interim stalking protection orderSections 7 or 11 of the Protection from Stalking Act (Northern Ireland) 2022

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