Jump to content

Page:Protection from Harassment Act 2014.pdf/15

From Wikisource
This page has been proofread, but needs to be validated.
PROTECTION FROM HARASSMENT
15


(7) The District Court may, on the application of the victim or any person to whom the protection order applies, vary, suspend or cancel the protection order or extend the duration of the protection order.

(8) Any person (except the respondent) to whom an order under subsection (3)(b) applies shall not be subject to any civil liability under any rule of law or contract for any act done for the purpose of complying with any order under subsection (3)(b).

(9) For the purposes of this section and section 13, the victim of any contravention of section 3 shall include only the person to whom the respondent intended to cause harassment, alarm or distress, and not any other person harassed, alarmed or distressed by that contravention.

Expedited protection order

13.—(1) Where, upon an application for a protection order under section 12, the District Court is satisfied that—

(a) there is prima facie evidence that—
(i) the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim;
(ii) the contravention referred to in sub-paragraph (i) 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 imminently; and
(iii) the contravention referred to in sub-paragraph (ii), if continued or committed, is likely to have a substantial adverse effect on the victim or the victim's day-to-day activities; and
(b) it is just and equitable in all the circumstances for the protection order to be made on an expedited basis,

the District Court may make an expedited protection order for all or any of the purposes of section 12(3) (subject to section 21(1)), notwithstanding that notice of the application has not been served on the respondent or has not been served on the respondent within a reasonable time before the hearing of the application.