Section 6 — AKTA KEGANASAN RUMAH TANGGA 1994

(a)

subject to subsection (4), the granting of the right of exclusive occupation to any protected person of the shared residence by excluding the person against whom the order is made from the shared residence, regardless of whether the shared residence is solely owned or leased by the person against whom the order is made or jointly owned or leased by the parties;

(b)

prohibiting or restraining the person against whom the order is made from—

(i)

entering any protected person’s safe place, shelter, place of residence or shared residence or alternative residence, as the case may be;

(ii)

entering any protected person’s place of employment or school;

(iii)

entering any other institution where any protected person is placed;

(iv)

going near any protected person at a distance of at least fifty metres or at a distance the court thinks reasonable; or

(v)

making personal contact with any protected person other than in the presence of an enforcement officer or such other person as may be specified or described in the order;

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(c)

requiring the person against whom the order is made to permit any protected person to enter the shared residence, or to enter the residence of the person against whom the order is made, accompanied by any enforcement officer for the purpose of collecting the protected person’s or persons’ personal belongings;

(d)

requiring the person against whom the order is made to avoid making communication by any means with any protected person and specifying the limited circumstances in which such communication is permitted;

(e)

requiring the person against whom the order is made to permit any protected person to have the continued use of a vehicle which has previously been ordinarily used by the protected person or persons; and

(f)

the giving of any such direction as is necessary and incidental for the proper carrying into effect of any order made under any of the above-mentioned paragraphs.

(1a)

For the purpose of subsection (1), the orders provided in the protection order shall have effect for such period not exceeding twelve months from the date of the commencement of such order as may be specified in the protection order.

(2)

Any one or more of the orders under subsection (1)

may be—

(a)

made or made anew, upon the contravention of a protection order, in accordance with section 9; or

(b)

extended for a further period, not exceeding twelve months from the date of the expiration of the original order, where the court is satisfied that, notwithstanding that there had been no actual contravention of the order, such extension is necessary for the protection and personal safety of the protected person or persons:

Provided that the extension of an order under this paragraph shall not be made more than once.

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(3)

Except so far as the exercise of a right, by the person against whom the order is made, to occupy the shared residence, or to enter the alternative residence, is suspended or restricted, or prohibited or restrained, by virtue of an order under paragraph (1)(a) or (b), such order shall not affect any title or interest that the person against whom the order is made or any other person might have in the said premises.

(4)

The court shall not make an order excluding the person against whom the order is made from the whole of a shared residence that is solely or jointly owned or leased by him unless it is satisfied that there is no other way to secure the personal safety of any protected person for the time being, and such order, where made, shall, in the case where the shared residence is solely owned or leased by the person against whom the order is made, or may, in the case where the shared residence is jointly owned or leased by the parties, be—

(a)

revoked if a suitable alternative residence is found for the protected person or persons; or

(b)

revoked or modified upon the court being otherwise satisfied that it is no longer necessary for securing the personal safety of the protected person or persons.

(5)

In paragraph (4)(b), “modified” means modifying an order excluding the person against whom the order is made from the whole of the shared residence into an order excluding him from such part of the shared residence as is specified in the order.

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