Power of court to issue preliminary protective order 7. Matters to be considered by court 9. Seizure of firearms and dangerous weapons 11. Service of summons. arrest warrant and procedure after arrest of respondent where court issues preliminary protection order. AN ACT to provide greater protection to victims of domestic violence and to provide for the issuance of protective orders and proceedings in connection therewith and connected therewith.
Judicial officer' means a judicial officer or deputy; common-law partner' means a person who lives or has lived with a person of the opposite sex as husband or wife, even though they are not legally married to each other; dependent' includes a person over eighteen years of age who, due to physical or mental disability, age or infirmity, is dependent on the applicant or respondent for his or her welfare; or who is over 18 years of age but under 25 years of age and is in full-time education at an educational institution or training for a trade, trade or profession. Police Commissioner' means a Police Commissioner appointed under the Police Act, ch. Court' means a Magistrates' Court or any other court of competent jurisdiction;. cyberstalking' means the use of the Internet or other electronic means to stalk or harass a person and in particular includes:. a) using any indecent, lascivious, indecent or obscene words, images or language, or proposing to commit any indecent or lascivious act anonymously or repeatedly, whether or not a conversation occurs; or b) threatening to cause injury to the person or property of the person you are communicating with, or to any member of their family or household;. with intent to harass, intimidate, torture or embarrass. domestic relationship” means a relationship between the applicant and the respondent in any of the following ways―. a) are or have been married to each other, including marriage under any law, custom or religion; For purposes of the definition of domestic violence, threats, intimidation, harassment or stalking include threats, intimidation, harassment or stalking or cyberstalking on the Internet or by electronic means. a) Deprivation or threatened deprivation of any or all economic or financial resources to which the applicant is entitled by law or which the applicant requires out of necessity, including household needs for the applicant and any child, and repayment of mortgage bonds of the joint household; or b) alienation or threat of alienation of household items or other property in which the applicant has an interest; a) compensation for monetary losses suffered by the applicant and any child at the time of issuing the temporary protection order due to domestic violence;. d) moving and accommodation costs; or (e) intermediate costs;. emotional, verbal and psychological abuse” means humiliating or degrading behavior by the respondent towards the applicant and includes-. a) repeated insults, mockery or insults;.
Duty to inform victim and applicant of rights
Arrest by police officer without warrant
When processing the request pursuant to subsection a) may require additional oral or affidavit evidence; and (b) shall record any oral evidence referred to in clause (a).
Power of Court to grant Interim Protection Order
Terms of Protection Order
Matters to be considered by Court
Undertaking from respondent
Seizure of firearm and dangerous weapons
Service of notice of proceedings
Validity of Interim Protection Order
Power to grant Final Protection Order
Explanation of orders
Service of orders
Service other than personal service
Variation and revocation of orders
POLICE POWERS OF ENTRY AND ARREST 19. (1) An officer must respond to any report or report of suspected domestic violence, regardless of whether the complainant or the complainant is the victim.
Issue of warrant
Police powers of arrest without warrant
Duty of police officer to assist victims
Warrant of arrest and procedure upon arrest of respondent where Court issues Interim Protection Order
Powers of arrest where a Final Protection Order is in force
Existing criminal law to apply
GENERAL
- Evidence
- Standard of proof
- Restriction of publication of reports
- Orders by consent
- Appeals
- Protection of mortgage
- Rules of the Court
- Property rights
- Obligation to report ill-treatment of children
Every question of fact arising in any proceeding under the provisions of this Act, other than criminal proceedings, shall be decided on a balance of probabilities. This section does not apply to the publication of any report in any publication which—. a) is of a bona fide professional or technical nature; or. b) is intended for circulation among members of the legal or medical profession, officers of the public service, police officers, psychologists, marriage counselors or social workers. In any proceedings in terms of the provisions of this Act, the Court may make any order with the consent of all the parties to the proceedings.
The Chief Justice may make rules governing the practice and proceedings of the court in connection with proceedings under this Act, which shall determine matters necessary for the full implementation of the provisions of this Act and for its proper administration. Nothing in this Act shall be construed to alter the rights of a spouse to own real property. Notwithstanding the provisions of any other Act, any person who assists a person in contravening any prohibition, condition or obligation or order imposed under section 7 commits an offence.
REGULATIONS
- Definitions for Part X In this part—
- Domestic violence order to continue to have effect
- Application for protection order
- Domestic violence committed before commencement
- Application for variation of domestic violence order
- Application for revocation of domestic violence order
- Service and other things done in relation to continued applications
- Appeal
- Restriction on publication of proceedings
- Restriction on obtaining copies of documents
- References to repealed Act
This section applies to an application for a protection order under the repealed Act if, at first, the application was not finally dealt with. The court may make an order under a provision of this Act in relation to domestic violence committed before the commencement of the provision. This section applies to an application to vary a domestic violence order under section 10 of the repealed Act if, at first, the application was not finally dealt with.
This section applies to an application for the revocation of a domestic violence order under [section X] of the repealed Act if the application has not been finally disposed of at the time it comes into force. This section applies to an application under the repealed Act which is deemed under this part to be an application made in terms of this Act. 2) The service of a copy of the application, or any other thing done in relation to the application, before the commencement shall be deemed to have been done under this Act. This section applies to an appeal against an order or a decision under section 24 of the repealed Act if the appeal has not been finally disposed of when it comes into force.
If the context permits, a reference in another Act or document to the repealed Act may be considered a reference to this Act.
Section 3
FORM I
HEREBY APPLY FOR A PROTECTION ORDER AGAINST ― _____________________________________ (full names)
A member of the police force must accompany the applicant to the residence specified in the application to supervise the collection of the Applicant's personal property;. A member of the police force must seize the weapon or dangerous weapon as specified in the affidavit;. The Respondent is granted structured contact with the child or children as specified in the affidavit; or. h) the address of the Applicant's residence will not be disclosed to the respondent 7.
9 I certify that before swearing/accepting the affidavit, I asked the deponent the following questions and recorded his or her answers as stated below:-. a). I certify that the deponent has certified that he knows and understands the contents of this affidavit which has been sworn/affirmed before me and that the deponent's signature/thumbprint/stamp was thereon in my presence. whereas the applicant (or on his behalf) applied for a temporary order of protection against the respondent, pursuant to affidavits and a record of oral evidence (if any) and after consideration of the application;.
If you do not appear in person at the hearing of the summons, the court may ― (a) hear the summons in your absence, or. b) Issue an arrest warrant to be brought to court. I swear that the above return of service is true and in accordance with the facts of such service. the applicant has requested a protection order; and after considering the facts of the case;.
Section 15(a), 17(1) APPLICATION FOR VARIATION OR WITHDRAWAL OF PROVISIONAL PROTECTION. name of person protected by the order). The court has dealt with an application made pursuant to section 17 of the Act by (applicant's name) regarding the behavior or threatened behavior of (respondent's name), and the court has, on the ___________ day of its ruling, a copy of which is attached herewith, and which prohibits the respondent to engage in the conduct specified therein. NOW, the Court orders upon motion that the preliminary protective order or the protective order shall either be:.
REVOKED
Whereas the attached Temporary Protection Order/Protective Order testified by the applicant in the attached statement, was granted against the Respondent by the Court on the date of ________day and. While the applicant stated in the attached statement that the respondent violated (a) the condition(s) of the Protection Order; You may therefore authorize and order the immediate arrest of the Respondent in terms of the Domestic Violence Act.
A copy of the protection order (indicating which orders were issued) and the original arrest warrant are attached. A copy of the protective order and/or original warrant of arrest cannot be attached for the following reasons: In said protective order, the defendant was ordered to —. I confirm that before taking the *oath/acceptance of the statement, I asked the deponent the following questions and recorded the *oath/acceptance of the statement. I put the following questions to the deponent and recorded *his/her answers in *his/her presence as below:.
