Revised Laws of Saint Lucia (2021)

9.   Ex Parte application

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    (1)   An occupation order may be made on an ex parte application if the court is satisfied that—

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      (a)     the respondent has used violence against or caused physical or mental injury to a specified person; and

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      (b)     the delay that would be caused by proceeding on notice could or might expose the specified person to physical injury.

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    (2)   An occupation order made on an ex parte application is an interim order.

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    (3)   Where the court grants an occupation order on an ex parte application, the court shall at the same time make an interim protection order unless it considers that there are special reasons why such an order should not be made.

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    (4)   An occupation order which is made on an ex parte application while the specified person concerned and the respondent are living together in the same household residence expires—

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      (a)     on the discharge of the occupation order by the court;

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      (b)     on the discharge of an interim protection order made under subsection (3); or

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      (c)     in any other case, at the expiration of a period of 7 days after the date on which the occupation order was made.

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    (5)   Where an occupation order is made on an ex parte application, the respondent may apply immediately for a variation or discharge of that order.