This Law Was Enacted In 2015 With The Main Objective Of;
In section 3 Domestic Violence means; Actual violence against a person, threat of violence or imminent danger to the said person by a person who is or has been in a domestic relationship with that person.
Section 3, Violence is defined to mean any of the following circumstances;
In Section 4 a Domestic Relationship is deemed to exist if a person;
POLICE: Section 6 (1) (a) and (b) of the Act, police officers have a duty to advise complainants of domestic violence, of the presence of and how to apply for relief measures available such as shelter and medical assistance.
The Inspector General of Police is required to ensure that police officers are trained to deal with such matters and that the reporting process is effective, efficient and fast.
Section 9(4) A victim can apply for a protection order on their own. Section 9 a representative can apply on behalf of a victim ( must notify the child’s parent or guardian).
Section 9 A child can give evidence in the proceedings.
Section 9(2) The following representatives have a right to apply for redress on behalf of a minor under this Act,
Section 7 any person can report a Domestic violence. The identity of persons who report is not to be disclosed and they are not to be prosecuted or disciplinary action taken against them unless they provide information maliciously to injure another person.
The parent or guardian of that child should however be served with a copy of the application.
Section 12; Where there is risk of harm or undue hardship to the applicant or child of the applicant, court may give an interim protection order without notice and outside ordinary court days or hours.
Such an order will remain valid until the protection order replaces it or it is changed or revoked by court.
When issuing an interim protection order, court will consider among other things;
Where court grants an interim protection order it will attach an order summoning the respondent.
The court may require the respondent to tell the court why the protection order should not be made.
Under What Circumstance is a Protection Order Issued by the Court
Section 14, The court may also direct parties to participate in counselling and conciliation processes or other programmes.
Section 19 (1)
The protection order directs the respondent not to engage in the following acts:
Section 19 (2)
The protection order is also issued with the following conditions that operate against the respondent except where the applicant and respondent are in the same dwelling house. The respondent shall not;
Section 24 - Resident Magistrates' Courts have jurisdiction to handle all matters arising out of the Act. One may apply for a protection order from this court and if desired by the court, attach a supporting affidavit affirming the truthfulness of the matters stated in the application.
The Court may then direct a police officer, social worker, probation officer, medical practitioner, children officer or other appropriate person or authority to investigate the acts or omissions of the domestic violence and forward findings directly to court.
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