Part two
This is the second of a three-part series on domestic violence.
This week we take a closer look at the categories of persons who may apply and how to apply for a Protection Order. An application for a Protection Order may be made by—
(a) Spouse
A spouse includes a person:
• married to the abuser;
• who was formerly married to the abuser;
• in a common-law relationship with the abuser;
• who has a child with the abuser; or
• in a visiting relationship with the abuser for more than 12 months.
(b) A member of the household
Any member of the household of the spouse or the abuser, either on their own behalf or on behalf of any other member of the household;
(c) Child
This is a person who is under the age of 18 years and includes the applicant’s or the abuser’s child, stepchild, adopted child or a child who is treated as a child of the family such as a niece or nephew who is a member of the household. A child can apply through a person who normally resides with the child, a parent or guardian, police officer, probation officer or approved social worker.
(d) A dependant
This is a person who is over the age of 18 years but because of physical or mental disability, age or infirmity is reliant on either the applicant or respondent for their welfare.
(e) A parent or sibling of the spouse who is not a member of the household.
(f) A person who has a child in common with the abuser.
A neighbour or someone who is aware of a domestic violence situation can report to the police or an approved social worker the existence of a domestic violence case. A police officer or approved social worker may then make an application on behalf of the victim.
How to apply
1. Go to a Clerk/Justice of Peace at the Magistrates Court in your district or where the incident occurred;
2. The Clerk/Justice of the Peace will determine whether you qualify for a protection order and will fix a date and issue the summons for a court appearance before a magistrate which must be served on the abuser by the local police;
3. When parties appear in court on the date given by the Clerk/Justice of the Peace for the hearing, the magistrate can hear the matter in emergency situations or set a date for hearing of the matter;
4. In cases of emergencies or where a life is threatened, a magistrate may grant an interim protection order until the trial of the matter.
5. If a protection order is granted, a copy of the protection order would be given to you which you should keep on you at all times, and to the abuser and a copy would be given to you to give to the police in your district.
It is a criminal offence to breach a protection order. You must report any breach immediately to the nearest police station. The police can then bring the respondent before the court to answer a criminal charge. This column is not legal advice. If you have a legal problem you should consult a legal adviser. Co-ordinator: Roshan Ramcharitar