Protection Orders

The Domestic Violence Act Chapter 45:56 provides legal remedies for victims of domestic violence, which include physical, sexual, emotional, psychological, and financial abuse committed by a person against a spouse, child, any other person who is a member of the household or dependant;

Who can apply for a Protection Order?

According to Section 4 of the Domestic Violence Act, applications can be made by the following persons:

1. the spouse of the respondent;
2. a member of the household of the spouse or respondent, either on his own behalf or on behalf of any other member of the household; and
3. a child
4. a dependant;
5. a parent or sibling by consanguinity or affinity of either the spouse or respondent not being a member of the household;
6. a person who has a child in common with the respondent; and
7. a person who is or has been in a visiting relationship with a person of the opposite sex for a period exceeding twelve months.

What does a Protection Order do?

A Protection Order consists of several terms that are directed towards the abuser in order to protect the victim. Section 6 of the Domestic Violence Act, states as follows.

“6. (1) A Protection Order may—

(a) prohibit the respondent from—

(i) engaging or threatening to engage in conduct which would constitute domestic violence towards the applicant;

(ii) being on premises specified in the Order, that are premises frequented by the applicant including any residence, property, business, school or place of employment;

(iii) being in a locality specified in the Order;

(iv) engaging in direct or indirect communication with the applicant;

(v) taking possession of, damaging, converting or otherwise dealing with property that the applicant may have an interest in, or is reasonably used by the applicant, as the case may be;

(vi) approaching the applicant within a specified distance;

(vii) causing or encouraging another person to engage in conduct referred to in paragraphs (i) to (vi);”

Section 6 of the Domestic Violence Act also states additional terms which a Protection Order can contain such as,

(b) direct that the Order be applied for the benefit of a child or dependant of the applicant or respondent; and

(c) direct that the respondent—

(i) return to the applicant specified property that is in his possession or under his control; (ii) pay compensation for monetary loss incurred by an applicant as a direct result of conduct that amounted to domestic violence;

(iii) pay interim monetary relief to the applicant for the benefit of the applicant and any child, where there is no existing order relating to maintenance until such time as an obligation for support is determined, pursuant to any other written law;

(iv) immediately vacate any place or residence for a specified period, whether or not the residence is jointly owned or leased by the respondent and the applicant, or solely owned or leased by the respondent or the applicant;

(v) relinquish to the police any firearm licence, firearm or other weapon which he may have in his possession or control and which may or may not have been used;

(vi) make or continue to make payments in respect of rent or mortgage payments for premises occupied by the applicant;

(vii) ensure that reasonable care is provided in respect of a child or dependant person;

(viii) or applicant or both, receive professional counselling or therapy from any person or agency or from a programme which is approved by the Minister in writing.