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Domestic Violence- Getting a Protection Order

Domestic Violence- Getting a Protection Order

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Domestic violence can include physical abuse, sexual abuse, economic abuse, emotional, verbal or physiological abuse and behavior or conduct that in any way harm or harms another person.

If you have been a victim of domestic violence, you can apply for a protection order to prevent the other person from carrying out a threat of domestic violence against the you  or from carrying further acts which constitute domestic violence.

The protection order may prohibit the respondent from:

physically assaulting or using physical force against the applicant or any relation or friend of the applicant;
• forcibly confining or detaining the applicant or a relation or friend of the applicant;
• depriving the applicant access to adequate food, water, clothing shelter or rest;
• forcing the applicant to engage in a sexual contact;
• engaging in a sexual conduct that abuses, humiliates or degrades the applicant or otherwise violates the applicant’s sexual integrity;
• depriving or threatening to deprive the applicant of

(i)economic or financial resources to which the applicant is entitled by law including household mortgage repayments or rent payments in respect of shared accommodation, and
(ii) household chattels required by the applicant as a matter of necessity;

• contacting the applicant at work or other places frequented by the applicant;
• contacting the applicant by telephone or any form of communication;
• disposing of or threatening to dispose of movable or immovable property in which the  applicant has a material interest;
• destroying or damaging, or threatening to destroy or damage property in which the applicant has a material interest;
• hiding or hindering the use of property in which the applicant has a material interest;
• threatening to abuse the applicant;
harassing the applicant;
entering the applicant’s residence without consent, where the parties do not share the same residence;
emotionally, verbally or psychologically abusing the applicant;
• coming within fifty metres of the applicant; or
• doing an act which the Court considers is not in the best interest of the applicant.

The protection order can be either interim or final. An interim protection order would be for a period of not more than three(3) months. A final protection order shall not exceed twelve(12) months but it can be extended, modified or rescinded by the court on a motion by a party to the originating proceeding.

A person who violates a protection order is liable to a fine or imprisonment of not less than one month and not more than two years or both.

Where the court issues a protection order, it can also consider issuing an occupation order. The court may issue this order to vacate the matrimonial home or other home which shall only be issued by the court after the consideration of a social and psychological enquiry report prepared by a social welfare office and a clinical psychologist.

Disclaimer: The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. Contacting us or viewing this blog does not create lawyer-client relationship.

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