S.L. 9.21 Art. 15Procedure for the issuing of a European protection order.

(1) A European protection order may be issued when the protected person decides to reside or already resides in another

Member State, or when the protected person decides to stay or already stays in another Member State. When deciding upon the issuing of a European protection order, a court of criminal jurisdiction shall take into account, inter alia, the length of the period or periods that the protected person intends to stay in the executing State and the seriousness of the need for protection.

(2) A court of criminal jurisdiction may issue a European protection order only at the request of the protected person and after verifying that the protection measure meets the requirements set out in regulation 6.

(3) The protected person may, by means of an application, request a court of criminal jurisdiction to issue a European protection order:

Provided that where Malta is the executing state, a copy of the request shall, as soon as possible, be transmitted to the competent authority of the issuing state.

(4) Before issuing a European protection order, the person causing danger shall be given the right to be heard and the right to challenge the protection measure, if that person has not been granted these rights in the procedure leading to the adoption of the protection measure.

(5) When a court of criminal jurisdiction adopts a protection measure containing one or more of the prohibitions or restrictions referred to in regulation 6, the protected person shall be informed about the possibility of requesting a European protection order in the case that the said person decides to leave for another Member State, as well as of the basic conditions for such a request. The court shall advise the protected person to submit an application before leaving Malta.

(6) If the protected person has a guardian or representative, that guardian or representative may introduce the request referred to in sub-regulations (2) and (3), on behalf of the protected person.

(7) If the request to issue a European protection order is rejected, the court shall inform the protected person of any applicable legal remedies that may be available, against such a decision.