Section 4Part 2 — PROTECTION, OCCUPATION AND TENANCY ORDERSAmended
Power of court to grant a protection order, an occupation order or a tenancy order
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A court may, on application by a prescribed person against whom an act of domestic violence has been committed, grant a protection order, an occupation order or a tenancy order in accordance with this Act.
Where an act of domestic violence is alleged to have been committed against a child or a dependant, an application for an order under subsection (1) may be made by —
a person with whom the child or dependant ordinarily resides or resides on a regular basis;
a parent or guardian of the child or dependant;
a dependant who is not mentally disabled;
a person who is approved by the Ministry responsible for children and family services; or
a police officer.
An application under subsection (1) may be made with the leave of the court on behalf of a spouse, civil partner, parent, member of the household residence or person in a visiting relationship with the respondent by —
a police officer; or
any other person, whether or not that person is a member of the household residence.
In determining whether to grant leave under subsection (3), the court may take into account whether or not —
the application is —
in accordance with the wishes of the prescribed person identified in subsection (3); or
in the best interests, of the prescribed person identified in subsection (3); and
there is any conflict between the interests of the person seeking leave and the prescribed person entitled to apply.