4.
| (1) Upon the consideration of the application and the affidavits, if any, the court shall -
| | (a) where it is satisfied that it is necessary to issue an Interim Protection Order (hereinafter referred to as an "Interim Order"), until the conclusion of the inquiry into the application, forthwith issue an Interim Order having regard to the provisions of subsection (2), and shall also make an Order for the holding of an inquiry in respect of such application on a date not later than fourteen days from the date of the application; or | | |
| | (b) where it is satisfied that it is not necessary to issue an Interim Order in the circumstances, make an Order for the holding of an inquiry in respect of such application, on a date not later than fourteen days from the date of the application : | | |
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| (2) In determining the issue of an Interim Order the court shall take into consideration the urgent need to prevent the commission of any act of domestic violence, and the need to ensure the safety of the aggrieved person. |
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| (3) Upon the issuing of an Order under paragraph (a) or paragraph (b) of subsection (1), as the case may be, the court shall cause Notice to be issued on the respondent, to show cause on the date specified therein, why a Protection Order should not be issued against him. |
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| (4) An Interim Order made under paragraph (a) of subsection (1), together with the Order made under paragraph (a) or paragraph (b) of subsection (1) as the case may be, shall be served on the respondent along with the Notice issued under subsection (3). Where service of such documents cannot, by the exercise of due diligence be effected by the fiscal or other authorized officer, such documents shall be deemed to be served on such respondent if it is posted in a conspicuous place at his usual place of residence. |
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Sri Lanka Consolidated Acts