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The Protectio11 Agaimt Domestic Viole11ce Bill. 2013
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(4) For the avoidance of douot, an order may be made
under subsection (I) where the need for protection arises
from risk of domestic violence of a different type from the
behaviour found to have occurred for the purpose of
paragraph (a) of that subsection .
(5) Without limiting .the matters that the court may
consider w,hen determining whether to make a protection
order, the court shall have regard to(a)
the perception of the applicant, or a child of the
applicant's family or both, of the nature and
seriousness of the behaviour in respect of which
the application is made ; and
(b) the effect of that behaviour on the applicant, or a
child of the applicant ' s family , or both.
Coun sellin g.
16. (I) The Court may, taking into account the
circumstances of each case , direct the parties to participate
in counselling and conciliation programmes including
those provided by religious institutions and any suitable
cultural programmes subject to their satisfaction that these
programmes will not in any way undermine the objects of
this Act or the values and principles of the Constitution.
(2) The counselling provided shall be aimed at
ensuring respect for the law prohibiting domestic violence,
the promotion of a protective environment for all within the
family and the promotion of harmonious domestic relations
between and among the parties.
Exisrence o f other
proceeding not to
preclude granling or
protection order.
17. (I) A court shall not decline to make a protection
order merely because of the existence of other proceedings
(including, but not limited to, proceedings relating to
custody of, or access to, a minor) between or relating to the
parties, whether or not those proceedings also relate to any
other person.
(2) Despite the provisions of subsection (I), an
application for a protection order shall not be a bar to
criminal proceedings against a respondent.
Protcelion of
dependants.
18. (I) Where the court makes a protection order, the
order shall apply for the benefit of any child of the
applicant's family.
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