(1) A court may, on application, make an apprehended domestic violence order
if it is satisfied on the balance of probabilities that a person who has or
has had a domestic relationship with another person has reasonable grounds to
fear and in fact fears--
(i) intimidates the person
or a person with whom the person has a domestic relationship, or
(ii) stalks
the person,
being conduct that, in the opinion of the court, is sufficient to
warrant the making of the order.
(2) Despite subsection (1), it is not
necessary for the court to be satisfied that the person for whose protection
the order would be made in fact fears that such an offence will be committed,
or that such conduct will be engaged in, if--
(iii) the making of the
order is necessary in the circumstances to protect the person from further
violence, or
(d) the court is satisfied on the balance of probabilities that
the person has reasonable grounds to fear the commission of a
domestic violence offence against the person.
(2A) An
apprehended domestic violence order that is made in reliance on subsection
(2)(d) cannot impose prohibitions or restrictions on the behaviour of the
defendant other than those prohibitions that are taken to be specified in the
order by section 36.
(3) For the purposes of this section, conduct may amount
to intimidation of a person even though--
(a) it does not involve actual or
threatened violence to the person, or
(b) it consists only of actual or
threatened damage to property belonging to, in the possession of or used by
the person.
Note : Part 8 provides for the matters that may be included in
orders. Part 9 contains additional provisions relevant to the making of
orders.