(2) Subject to subsection (3), subsection (1) shall not affect the powers of the court in relation to the punishment for contempt of court.
(3) Where a person is convicted of an offence under subsection (1) in respect of any non-compliance with an order, that non-compliance is not punishable as a contempt of court.
(4) A person cannot be convicted of an offence under subsection (1) in respect of any non-compliance with an order which has been punished as a contempt of court.
PART III
REMEDIES
Action for statutory tort
11.—(1) The victim under section 3, 4, 5 or 7 may bring civil proceedings in a court against the respondent.
(2) In such proceedings, if the court is satisfied on the balance of probabilities that the respondent has contravened that section as alleged by the victim, the court may award such damages in respect of the contravention as the court may, having regard to all the circumstances of the case, think just and equitable.
Protection order
12.—(1) Subject to subsection (9), the victim under section 3,4,5,6 or 7 may make an application to the District Court for a protection order.
(2) A District Court may make a protection order if it is satisfied on the balance of probabilities that—
- (a) the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim;
- (b) the contravention referred to in paragraph (a) is likely to continue, or the respondent is likely to commit a contravention of section 3, 4, 5, 6 or 7 in respect of the victim; and
