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Interim Orders

Cap. 178, s. 11 · Revised Edition 2020

(1) On an application for a Protection Order, the Court may make an Interim Order, pending the hearing and determination of the proceedings, if it appears necessary or appropriate to do so in order to ensure the safety and protection of the applicant or the best interests and welfare of any child or dependant. (2) An Interim Order may be made by the Court at any time either before or during the hearing of the application whether or not– (a) the respondent is present at the proceedings; or (b) the respondent has been given notice of the 23 (3) An Interim Order may be made for such period of time as the Court considers necessary but shall not exceed a period of twenty-one days. (4) Subject to sub-section (3) of this section, an Interim Order may contain any or all of the prohibitions or directions specified in section 5(1) (a) of this Act. (5) Where an Interim Order is made, the Court shall summon the respondent to appear at a further hearing of the matter as soon as possible after the making of the Interim Order, and at such further hearing the Court may– (a) extend the period of the Interim Order for such further period or until the date fixed for the hearing of the application, such period not to exceed forty-two days from the date of the (b) revoke the Interim Order; or (c) hear the application and make any Order provided in this Part in substitution for the Interim Order, whether or not the respondent appears at the proceedings. (6) Where an Interim order is granted ex parte the respondent shall be served, personally or otherwise, with a copy of the Order, and the Court may receive proof of such service by affidavit in Form 6 prescribed in Schedule II. Schedule II.
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