Existing criminal law to apply

(1) Subject to sub-section (2) of this section, where a person is arrested under section 26 or 27 of this Act, the person shall be charged in accordance with the relevant provisions of the criminal law for committing or threatening to commit any of the offences listed in Schedule I and shall be dealt with accordingly. Schedule I. (2) Where an application for an Order has been made or where a person has been arrested and charged under section 26 or 27 of this Act and after hearing all the evidence the Court is satisfied that– (a) the incident was an isolated one; (b) there are circumstances which make it desirable to preserve the family unit; and (c) the conduct complained of is not sufficiently grave to warrant the imposition of either the 35 Order or the penalty, as the case may be, it may, with the consent of the applicant or complainant, as the case may be, withhold the granting of an Order or the imposition of any penalty as prescribed by law and require the respondent or defendant to enter into a bond of good behaviour for a period not exceeding six months. (3) Where a bond of good behaviour has been entered into under sub-section (2) of this section, the Court may prescribe such additional conditions as follow– (a) that the parties receive professional counselling, including family counselling; (b) that the parties report to a social service officer at certain fixed intervals; (c) that the matter be reviewed by the court within three months. (4) A bond of good behaviour entered into under sub- section (2) of this section, shall be forfeited where the Court is satisfied that– (a) the respondent or defendant has continued to engage in conduct amounting to domestic violence against the complainant; (b) based on a report from a social service officer, social worker, police officer or such other person, domestic violence is likely to be perpetrated against the or complainant; or (c) the applicant or complainant has become fearful of the respondent or defendant to the extent that he is no longer willing to continue the relationship.