The Protection from Domestic Violence Act (2021 Revision) provides a legal definition of domestic violence, and describes certain remedies which may be implemented by the court in order to protect persons who have experienced domestic violence.
Definition:
Section 3 of The Act specifies that an act of domestic violence has been committed when “it is proved that the person’s conduct caused or is intended to cause — (a) emotional or psychological abuse; (b) financial abuse; (c) physical abuse; or (d) sexual abuse.”
This section also specifies that a person abuses a child if that person “(a) causes or allows the child to see or hear the physical, sexual, emotional or psychological abuse of a person with whom the child resides; or (b) places the child, or allows the child to be placed at real risk of seeing or hearing the abuse described in paragraph (a).”
Part II of the Act specifies the types of orders that may be granted by the court in response to a situation of domestic violence and the factors to be considered when granting such orders.
Section 4, subsection 2 specifies that when “an act of domestic violence is alleged to have been committed against a child or a dependant, an application for an order under subsection (1) may be made by — (a) a person with whom the child or dependant ordinarily resides or resides on a regular basis; (b) a parent or guardian of the child or dependant; (c) a dependant who is not mentally disabled; (d) a person who is approved by the Ministry responsible for children and family services; or (e) a police officer.”
Subsection 3 specifies that an application “may be made with the leave of the court on behalf of a spouse, civil partner, parent, member of the household residence or person in a visiting relationship with the respondent by — (a) a police officer; or (b) any other person, whether or not that person is a member of the household residence.” This means that applications for such orders do not necessarily have to be made by the victim of the domestic violence themselves.
The types of orders available are described below.
Protection Order (Sections 5-9) – A protection order is intended to protect the victim from further acts of domestic violence and may include terms which prohibit the respondent (the person who is accused of committing the act of domestic violence) from engaging in, or threatening to engage in, any further acts of domestic violence; being in certain places that the victim frequents, including a residence; or communicating with the victim; among several other possible provisions. See Section 6 for further details.
Occupation Order (Sections 10-13) – Such an order gives the victim the right to occupy a residence, to the exclusion of the respondent or accused, under such conditions as the court deems fit.
Tenancy Order (Sections 14-18) – Such an order gives the victim the right to take over sole tenancy of a residence, in cases where the respondent or accused is the sole tenant or a joint tenant with the victim. Such an order may also include a provision requiring the respondent or accused to continue to cover costs associated with the tenancy, in whole or in part.
These orders may be made in the absence of the respondent or accused person. In such a case the order will be classed as an interim order, and is made in circumstances where it is thought that any delay in implementing such an order would result in risk to the victim. The order remains in place until a formal hearing involving the respondent can proceed, after which time the order may be discharged or a new order made.
Such orders are put in place for as long as the court deems necessary, but not longer than three years.
Part III of the Act describes other ancillary orders the court can implement, in conjunction with a Protection, Occupancy or Tenancy Order.
These include a Maintenance Order (Section 19), requiring the respondent to cover the maintenance of any prescribed person (in accordance with the provisions of the Maintenance Act (1996 Revision)); an Order Granting the Use of Furniture etc (Section 20); or an Outster Order (Section 21), which prevents any other person from taking action in support of the respondent, once the respondent has been required to vacate a premises.
Part IV of the Act details the penalties and powers associated with these orders.
Section 22 of the Act specifies that Breaching any of these orders can result, on conviction, in a fine of ten thousand dollars, and/or imprisonment for a term of two years. Continued breaches can result in the respondent being ordered to pay a further sum of one hundred dollars for every day that the breach continues after the initial date of its proof.
Section 23 of the Act specifies that a police officer may also arrest a person who they have reasonable cause to believe has breached or is likely to breach an order, once there is reasonable cause to believe the arrest is necessary for the protection of the victim.
Part V of the Act contains further general information and clarification.
Section 28 of the Act specifies that it is prohibited to publish a report of any court proceedings concerning any of the provisions of the Act, unless granted leave by the court. A person who does so is liable upon conviction to a fine of two thousand dollars and/or imprisonment for a term of six months.
Section 31 of the Act specifies that the court may also require a respondent, victim, or both, to participate in a treatment program as specified by the court.
Section 32 of the Act specifies that any person who is aggrieved by an order made by the court, or the refusal of the court to make an order, may appeal such a decision to the Grand Court or Court of Appeal.