In any case where the court has power to make a forced marriage protection order, the court may accept an undertaking from the respondent instead of making the order.
But a court may not accept an undertaking under subsection (1) if it appears to the court—
that the respondent has used or threatened violence against the person to be protected, and
that, for the person's protection, it is necessary to make a forced marriage protection order so that any breach of it by the respondent may be punishable under section 63CA.
An undertaking given to the court under subsection (1) is enforceable as if the court had made the order in terms corresponding to those of the undertaking.
This section is without prejudice to the powers of the court apart from this section.