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The Protection Against Domestic Violence Bill, 2013
threatened domestic violence, the court shall issue
an interim protection order and where appropriate,
such order may contain any direction, prohibition
or award which may be contained in a protection
order issued under section 21.
(8) An interim protection order shall be served on the
respondent in a prescribed manner under section 28.
(9) On the day specified in an interim order or in a
notice issued under section 14 (5), the court may issue a
protection order if satisfied on a balance of probabilities
that an act of domestic violence has been committed, is
being committed or is threatened to be committed by the
·espondent.
(I 0) A protection order may be issued in the absence
of the respondent if the court . is: satisfied · that the
re >pondent has been served with or has otherwise had
notice of an application for such an order.
(l l) For the purpose of determining whether or not to
issue a protection order, the court may(a) call for such evidence, whether oral or by affidavit
as it considers necessary, which shall form part of
the record of proceedings;
(b) consider any evidence previously received under
of subsection (7); and
(c) examine any witness before the court.
( 1-2) Where appropriate the court may, in addition to
any. other remedies provided for under this Act, order that
the applicant or the respondent or any other affected
member of the family of the applicant or respondent should
undergo counselling, by a counsellor.
3) Subject to section 44, where a protection order
has been issued, that protection order prevails over other
pre-existing orders that are in conflict with the terms of the
protectio·n order.
Applications by
other psties.
28. ( 1) Where the application for a protection order is
inade by a person other than the actual victim of domestic
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