(1)  In this section –

personal injury includes injury or damage to, or impairment of, a person’s physical or mental condition.

(2)  On an application for a restraint order the Court may make a restraint order against a person if satisfied, on the balance of probabilities –

(a) that –

(i) the person has caused personal injury or damage to property; and

(ii) the person is, unless restrained, likely again to cause personal injury or damage to property; or

(b) that –

(i) the person has threatened to cause personal injury or damage to property; and

(ii) the person is, unless restrained, likely to carry out that threat; or

(c) that –

(i) the person has behaved in a provocative or offensive manner; and

(ii) the person, unless restrained, is likely to behave in the same manner again or in a similar manner; or

(d) that the person has stalked –

(i) the person for whose benefit the order is sought; or

(ii) a third person and the stalking of the third person has caused the person for whose benefit the order is sought to feel apprehension or fear.

(3)  In deciding whether or not to make a restraint order, and what orders should be included in the restraint order, the Court must consider –

(a) the protection and welfare of the person for whose benefit the order is sought to be of paramount importance; and

(b) whether it is relevant to the making of the order that a person for whose benefit, or against whom, the order is sought be able to communicate with, or spend time with, any child who is a member of the family of that person; and

(c) whether it is relevant to the making of the order that a person for whose benefit, or against whom, the order is sought be able to communicate with, or spend time with, the other person;

(d) any relevant Family Court order of which the Court has been informed.

(4)  A restraint order is not invalid merely because –

(a) the applicant fails to inform the Court of any relevant Family Court order or of any pending application for a relevant Family Court order; or

(b) the Court fails to consider access, contact or communication or any relevant Family Court order as required by subsection (3) .

(5)  Without limiting the nature of the orders which may be included in a restraint order, the Court may include one or more of the following orders:

(a) an order prohibiting the restrained person from behaving in the manner specified in the order;

(b) an order prohibiting the restrained person from approaching or contacting by any means or by the means specified in the order, or both approaching and so contacting, the person for whose benefit the order is sought;

(c) an order directing the restrained person to vacate premises, prohibiting the restrained person from entering premises or limiting the restrained person's access to premises, whether or not the restrained person has a legal or equitable interest in the premises;

(d) an order prohibiting or restricting the restrained person from having possession, custody or control of any firearm and firearm accessory, as specified in the order, whether or not the restrained person holds a licence or permit under the Firearms Act 1996 ;

(e) an order directing the forfeiture, disposal or surrender of any firearm and firearm accessory, as specified in the order, that is in the possession, custody or control of the restrained person –

(i) whether or not the restrained person holds a licence or permit under the Firearms Act 1996 ; and

(ii) whether or not the firearm is registered under that Act or is a prohibited firearm under that Act;

(f) an order cancelling or suspending any licence or permit held by the restrained person under the Firearms Act 1996 ;

(g) an order prohibiting the restrained person from applying for or holding a licence or permit under the Firearms Act 1996 during the period specified in the order or while the restraint order is in force;

(h) an order prohibiting the restrained person from applying for the reinstatement of a licence or permit or the return of any firearm and firearm accessory, as specified in the order, under section 51(6) of the Firearms Act 1996 ;

(i) an order prohibiting the restrained person from stalking the protected person or a third person;

(j) an order prohibiting the restrained person from causing another person to engage in conduct that the restraint order prohibits, or restrains, the restrained person from doing;

(k) an order directing the restrained person –

(i) to deliver property, in the manner specified in the order, to the protected person; or

(ii) to allow the protected person, in the manner specified in the order, to recover possession of property or have access to property.

(6)  Before making an order of a kind referred to in subsection (5)(c) , the Court must consider –

(a) the effect of making or declining to make the order on the accommodation of the persons affected by the proceedings; and

(b) the effect of making or declining to make the order on any children of, or in the care of, the persons affected by the proceedings; and

(c) the need for suitable arrangements to be made to allow the restrained person to take possession of personal property on the premises.

(7)  A restraint order that affects possession of, or access to, premises or property does not affect any legal or equitable interest held by any person in the premises or property.

(8)  In making a restraint order, the Court is to specify in the order that the order has effect until revoked or for the period specified in the order.

(9)  A restraint order has effect –

(a) for the period specified in it; or

(b) if the restraint order is revoked before the order expires, until the order is revoked.

(10)  If the Court makes a restraint order that includes an order of a kind referred to in subsection (5)(d) , (e) , (f) , (g) or (h)  –

(a) the relevant district registrar is to provide a copy of the order to the Commissioner of Police; and

(b) the Commissioner of Police is to do all things necessary to facilitate the operation of the terms of that order.