Crimes (Domestic and Personal Violence) Act 2007 No 80
Current version for 28 March 2020 to date (accessed 3 June 2020 at 14:18)
Part 6
Part 6 Interim court orders
22   Interim court orders
(1)  A court may, on application made in accordance with Part 10, make an interim apprehended domestic violence order or an interim apprehended personal violence order if it appears to the court that it is necessary or appropriate to do so in the circumstances.
(2)  An interim apprehended domestic violence order or an interim apprehended personal violence order made on application under this Part is referred to in this Act as an interim court order.
(3)  An interim court order may be made by a court whether or not—
(a)  the defendant is present at the proceedings, or
(b)  the defendant has been given notice of the proceedings.
(4)  A court may, in deciding whether to make an interim court order, admit affidavit evidence or a written statement by a police officer that is tendered on behalf of the person for whose protection the order would be made if—
(a)  the person is unable, for any good reason, to be present at the proceedings, and
(b)  the court is satisfied that the matter requires urgent consideration by the court.
(5)  If an interim court order is made by a court—
(a)  the court is to require the defendant to appear at a further hearing of the matter by the court as soon as practicable after the interim court order is made, and
(b)  the court may, at the further hearing or an adjourned further hearing, make a final apprehended violence order in the same terms as the interim court order or with variations or may revoke the interim court order (whether or not the defendant appears at any such further hearing).
(6)  An interim court order has, while it remains in force, the same effect as a final apprehended violence order.
23   Interim court orders made by Registrar with consent
(1)  A Registrar may, on application, make an interim apprehended domestic violence order or an interim apprehended personal violence order if satisfied that the protected person and the defendant consent to the making of the order.
(2)  Section 78 (Orders made with consent of parties) applies in relation to the making of an order by a Registrar under this section in the same way as it applies to the making of an interim court order by a court.
(3)  If an interim court order is made by a Registrar—
(a)  the Registrar is to require the defendant to appear at a further hearing of the matter before a court as soon as practicable after the interim court order is made, and
(b)  the court may, at the further hearing or an adjourned hearing, make a final apprehended violence order in the same terms as the interim court order or with variations or may revoke the interim court order.
(4)  An interim court order made by a Registrar of a court under this section is taken to have been made by the court and has effect accordingly.
(5)  Section 76 applies to a Registrar who makes an interim court order under this section.
24   Interim court order ceases when final court order made or served
(1)  An interim court order remains in force until—
(a)  it is revoked, or
(b)  it ceases to have effect under subsection (2), or
(c)  the application for a final apprehended violence order is withdrawn or dismissed,
whichever first occurs.
(2)  If a final apprehended violence order is made in respect of an interim court order (whether with or without variation), the interim court order ceases to have effect—
(a)  in a case where the defendant is present at court—when the final apprehended violence order is made, or
(b)  in any other case—when the defendant is served in accordance with this Act with a copy of the final apprehended violence order.
24A   Referral of matters to mediation
Section 21 applies in relation to an interim apprehended personal violence order in the same way as it applies in relation to an apprehended personal violence order.