Section 30 VAPP 2015

Section 30 of the Violence Against Persons (Prohibition) Act 2015 is about Issuing of protection order. It provides as follows:

(1) If the respondent does not appear on a return date contemplated in section 29 (3) or (5) of this Act, and if the Court is satisfied that-

(a) proper service has been effected on the respondent, and
(b) the application contains a prima facie evidence that the respondent has committed, is committing or that there is an imminent likelihood that he
may commit an act of domestic violence, the court shall issue a protection order in the prescribed form.

(2) If the respondent appears on the return date in order to oppose the issuing of a protection order, the court shall proceed to hear the matter and consider –
(a) any evidence previously received under section 29 (1) of this Act; and
(b) such further affidavits or oral evidence as it may direct, which shall form part of the record of the proceedings.

(3) The Court may, on its own accord or on the request of the complainant, if it is of the opinion that it is just or desirable to do so, order that in the examination of witnesses, including the complainant, a respondent who is not represented by a legal practitioner-
(a) is not entitled to cross-examine directly a person who is in a domestic relationship with the respondent; and

(b) shall put any question to such a witness by stating the question to the
Court, and the court is to repeat the question accurately to the witness.

(4) The Court shall, after a hearing as contemplated in subsection (2) of this section, issue a protection order in the prescribed form if it finds, on a balance of probabilities, that the respondent has committed, is committing or that there is an imminent likelihood that he may commit an act of domestic violence.

(5) Upon the issuing of a protection order, the Registrar of the Court shall, in the prescribed manner, cause-
(a) the original of such order to be served on the respondent; and
(b) a certified copy of such order, and the original warrant of arrest
contemplated in section 33 (1) (a), to be served on the complainant.

(6) The Registrar of the Court shall, in the prescribed manner, forward certified copies of any protection order and of the warrant of arrest contemplated in section 33 (1)(a) to the police station of the complainant’s choice. (7) Subject to the provisions of section 31 (7) of this Act, a protection order issued
under this section remains in force until it is set aside, and the execution of such order shall not be automatically suspended upon the filing of an appeal.

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