Domestic Violence Act, 1998 (Act No. 116 of 1998)10. Variation or setting aside of protection order |
(1)
| (a) | A complainant or a respondent may, upon written notice to the other party and the court concerned, apply for the variation or setting aside of a protection order referred to in section 6 in the prescribed manner. |
| (b) | The other party must, if they oppose the application, within 10 days of the notice referred to in paragraph (a) being served, give written notice to the other party and the court setting out grounds and facts on which the application is opposed. |
[Section 10(1) substituted by section 16 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]
| (2) | If the court is satisfied that— |
| (a) | circumstances have changed materially since the granting of the original protection order; |
| (b) | good cause has been shown for the variation or setting aside of the protection order; and |
| (c) | proper service has been effected on the respondent, |
it may issue an order to this effect: Provided that the court may not grant such an application to the complainant unless it is satisfied that the application is made freely and voluntarily.
[Section 10(2) substituted by section 16 of the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021), as per Notice No. 788, GG45824, dated 28 January 2022 - effective 14 April 2023 as the date on which the said Act, with the exception of section 6A, comes into operation, as per Proclamation No. 117, GG48419, dated 14 April 2023]
| (3) | The clerk of the court must forward a notice as prescribed to the complainant and the respondent if the protection order is varied or set aside as contemplated in subsection (1). |