Applying For A Protection Order (Domestic Violence Ordinance)
Applying For A Protection Order (Domestic Violence Ordinance)
A person (the applicant) may apply to the Magistrate for an Interim Protection Order on the ground that the respondent (abuser) has engaged in an act of domestic violence.
The application must be accompanied by an affidavit setting out the facts on which the application is based, the nature of the order applied for, and the name of the police station at which the applicant is likely to report any breach of the protection order.
Can Someone Make the Application on my behalf?
An application may be brought on behalf of an applicant by any other person who has a material interest in the applicant’s well-being, including a police officer or social worker (including the Gender Affairs Officer).
The application shall be brought with the consent of the applicant except in circumstances where the applicant is a child, physically or mentally incapacitated by unsoundness of mind or disability, is unconscious, or under the influence of intoxicating liquor or drugs.
An Interim Protection Order may be made for such a period as the Magistrate considers necessary but shall not exceed thirty days. The Interim Order shall be automatically extended for fifteen days where the Magistrate cannot hear and determine the proceedings before the expiry of the period.
Application made for an Interim Protection Order, and the issuing of such order by a Magistrate.
A copy of the application and the Interim Protection Order, together with the notice of the date and the time at which the respondent is to appear before the Magistrate to show cause, as to why the Interim Protection Order should not be confirmed, shall be served on the respondent.
What happens if the respondent does not appear on the return date under Section 4 (4) of the Ordinance?
In that case, the Magistrate shall proceed to hear and determine the matter and the Interim Protection Order shall be confirmed if the Magistrate is satisfied that proper service has been effected upon the respondent.
A Final Protection Order shall be issued.
Let’s build resilience across communities.
If you have any questions, contact the Safeguarding and Public Protection Unit – 232-6696
* Multi-Agency Safeguarding Hub -338-4013
* Department of Social Development -338-4008
* Department of Gender Affairs- 338-2668
#16DaysOfActivismAgainstGenderBasedViolence
