Magistrates Court (Domestic Violence Protection Order Procee

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1997/Statutory%20Instruments/Magistrates%20Court%20%28Domestic%20Violence%20Protection%20Order%20Procee.pdf
Published: 1997

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Magistrates Court (Domestic Violence Protection Order Proceedings Prescribed Forms) Rules 1997
MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

1

BR 59/1997

MAGISTRATES ACT 1948

1948 : 25

MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

ARRANGEMENT OF RULES

1 Citation
2 Interpretation
3 Prescription of forms
4 Forms

5 Commencement

TABLE

SCHEDULE

The Magistrates, in exercise of the power conferred on them by
section 21 of the Magistrates Act 1948 and the Domestic Violence
(Protection Orders) Act 1997, and with the approval of the Chief Justice,
make the following Rules:—

Citation
1 These Rules may be cited as the Magistrates Court (Domestic
Violence Protection Orders Proceedings Prescribed Forms) Rules 1997.

Interpretation
2 In these Rules—

"the Act" means the Domestic Violence (Protection Orders) Act
1997;

"address for service" means an address within the jurisdiction
where notices, orders, summonses, warrants and other

MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

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documents, proceedings, and written communications, if not
required to be served personally, may be left, or to which they
may be sent;

"clerk to the Magistrates' Court" means the person whom the
Senior Magistrate may designate as the clerk for the purposes
of these Rules acting in accordance with the instructions of
the Senior Magistrate;

"Court" means a court of summary jurisdiction;

"prescribed form" means a form prescribed in the Table.

Prescription of forms
3 The respective forms required by the Domestic Violence
(Protection Orders) Act 1997 are those respectively prescribed in the
Table set out below.

Forms
4 The forms set out in the Schedule to these Rules pursuant to the
Table set out below shall be used in connection with domestic violence
protection orders proceedings in magistrates' courts.

Commencement
5 These Rules shall come into operation on 3 October 1997.

TABLE (rule 3)

Form No. Description

DVPO 1 Application for protection order (complainant)

DVPO 2 Application for protection order (person making an
application on behalf of a complainant)

DVPO 3 Notice of Hearing and Summons

DVPO 4 Form of Protection Order or Temporary Order

DVPO 5 Application to vary or revoke a protection or
temporary order

DVPO 6 Form of order revoking or varying a protection
order or temporary order

MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

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SCHEDULE (rule 4)

Form DVPO 1 Case No. of

BERMUDA

IN MAGISTRATES' COURT

Section 6 and 16 of the Domestic Violence (Protection Orders) Act 1997

APPLICATION FOR *PROTECTION ORDER or *TEMPORARY ORDER

(where the person making the application is a complainant)

Between
A.B. Complainant

and
C.D. Respondent

1. I, ________________, of (address for service) __________________,
being a person who *is or *has been in a domestic relationship with
(name of person) ________________________, the respondent, of (address)
_________________________ (specify relationship), hereby apply for a
*protection order or *temporary order against the respondent.

*2. The grounds for making this application for a protection order
are that the respondent—

(a) *is using or *has used domestic violence against me (give
details if known, and date(s) on which events occurred);
and

(b) the making of a protection order is necessary for my
protection.

*3. The grounds for making this application for a temporary order
are that—

(a) notice in the prescribed form of the application for a
protection order has not been given to the respondent
and he has not therefore been given the opportunity to
oppose, or otherwise make representations in relation to
the making of the order; however

(b) the respondent *is using or *has used domestic violence
against me (give details if known, and date(s) on which
events occurred); and

(c) *undue hardship or *the risk of harm would be caused
to me if an order were not made; and

MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

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(d) the respondent's conduct complained of is serious; and

(e) I am in fear of repetition of that conduct being directed
to me; and

(f) a temporary order is needed for my protection.

4. I would like the Court to order that the respondent—

(give particulars).

______________________________
Complainant

Dated this day of .

_______________________________
Magistrate

*(delete where inapplicable)

Form DVPO 2 Case No. of

BERMUDA

IN THE MAGISTRATES' COURT

Sections 6 and 16 of the Domestic Violence (Protection Orders) Act 1997

APPLICATION FOR *PROTECTION ORDER OR *TEMPORARY ORDER

(where the person is making the application on behalf of a complainant)

Between
A.B. Complainant

and
C.D. Respondent

1. I, ____________________, of (address) ____________________, being
a person who is a representative appointed by the Court pursuant to
section 6 and whichever of sections 7 to 9 of the Act applies, hereby
apply for a *protection order or *temporary order against (name of
person) __________________, the respondent, of (address)
_________________, on behalf of (name of person) _____________________,

MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

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the complainant, of (address for service) _________________ who *is or
*has been in a domestic relationship with the respondent (specify
relationship) and is—

*(a) a child;

*(b) a person lacking mental capacity;

*(c) a person who is unable to make the application by
reason of physical incapacity;

*(d) a person who is unable to make the application by
reason of fear;

*(e) a person who is unable to make the application (specify
other cause).

*2. The grounds for making this application for a protection order
are that—

(a) the respondent *is using or *has used domestic violence
against the complainant (give details if known, and
date(s) on which events occurred); and

(b) the making of a protection order is necessary for the
protection of the complainant;

*3. The grounds for making this application for a temporary order
are that—

(a) notice in the prescribed form of the application for an
order has not been given to the respondent and he has
not therefore been given the opportunity to oppose, or
otherwise make representations in relation to the
making of the order; however

(b) the respondent *is using or *has used domestic violence
against the complainant (give details if known, and
date(s) on which events occurred); and

(c) *undue hardship or *the risk of harm would be caused
to the complainant if an order were not made; and

(d) the respondent's conduct complained of is serious; and

(e) the complainant is in fear of repetition of that conduct
being directed to him; and

(f) the making of a temporary order is necessary for the
complainant's protection.

4. The complainant would like the Court to order that the
respondent—

MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

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(give particulars).

_______________________________
Representative

Dated this day of .

______________________________
Magistrate

*(delete where inapplicable)

Form DVPO 3 Case No. of

BERMUDA

IN THE MAGISTRATES' COURT

Sections 10 and 14(1) of the Domestic Violence (Protection Orders) Act
1997

NOTICE OF HEARING AND SUMMONS

Between
A.B. Complainant

and

C.D. Respondent

1. An application by way of complaint under section 6 of the Act for
a protection order has been made by (name of person) ________________,
the complainant, of (address for service) ________________, against you in
respect of your conduct directed toward (name of person)
_________________.

2. A copy of the application is attached.

3. The application has been set down for hearing on (date) at (time)
in the Magistrates' Court sitting at the Government Administration
Building, corner of Reid and Parliament Streets, Hamilton AND YOU
ARE HEREBY SUMMONED TO APPEAR at that date and time before the
Magistrates' Court sitting in the Government Administration Building, to
answer the following—

(give short particulars of the complaint).

MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

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4. If you do not appear in person at the hearing of the application,
the Court may—

(a) deal with the application in your absence; or

(b) issue a warrant for your arrest to be brought before the
Court.

Issued this day of .

______________________________
Clerk to the Magistrates' Court

(Respondent's Copy)

This summons was served by me on the day of
at .

______________________________
Bailiff

(Court copy)

The summons of which this is a true copy was served by me on the
day of by delivering the summons to the said

respondent personally.

Dated this day of .

______________________________
Bailiff

MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

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Form DVPO 4 Case No. of

BERMUDA

IN THE MAGISTRATES' COURT

Sections 11, 15 and 16 of the Domestic Violence (Protection Orders) Act
1997

*PROTECTION ORDER or *TEMPORARY ORDER

Between
A.B. Complainant

and
C.D. Respondent

The Court, having heard an application made by (name of complainant)
______________, of (address for service) ______________, under the
Domestic Violence (Protection Orders) Act 1997 in respect of the conduct
of (name of respondent) ___________________, of (address)
_________________, towards (name of person to be protected)
______________________; and

being satisfied that the respondent—

*(a) (i) *is using or *has used domestic violence against the
complainant (give details if known, and date(s) on
which events occurred); and

(ii) that the making of the protection order is necessary for
the protection of the complainant: or

*(b) (i) *is using or *has used domestic violence against the
complainant (give details if known, and date(s) on
which events occurred); and

(ii) *undue hardship or *the risk of harm would be caused
to the complainant if an order were not made; and

(iii) the respondent's conduct complained of is serious; and

(iv) the complainant is in fear of repetition of that conduct
being directed to him; and

(v) the making of a temporary order is necessary for the
complainant's protection:

Now the Court this day orders that, for (period) that the respondent—

MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

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(specify prohibitions and conditions and any other
period or periods for which they are imposed and
whether a power of arrest is attached to the Order).

Dated this day of .

_____________________________
Magistrate

Form DVPO 5 Case No. of

BERMUDA

IN THE MAGISTRATES' COURT

Section 22(1) of the Domestic Violence (Protection Orders) Act 1997

APPLICATION FOR *VARIATION OR *REVOCATION OF *PROTECTION
ORDER OR *TEMPORARY ORDER

Between
A.B. Complainant

and
C.D. Respondent

*1. I, _____________, of (*address/*address for service)_____________,
being a person who is—

*(a) the complainant on whose behalf a protection order has
been made;

*(b) the respondent in respect of whom a protection order
has been made;

*(c) a representative appointed under section 21 of the
Magistrates Act 1948, pursuant to whichever of sections
6 to 9 of the Act applies, to act on behalf of a person who
*is or *has been, in a domestic relationship with the
respondent,

hereby apply for the *revocation or *variation of the *protection order or
*temporary order made by the Court on (date of original order) for
(period) against (name of person) on the grounds that—

(specify grounds).

MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

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2. The Court is asked to order that the original order be *varied or
*revoked as follows—

(give particulars).

_____________________________
*Complainant/*Representative

Taken before me this day of 19 .

_____________________________
Clerk to the Magistrates' Court

*(delete where inapplicable)

Form DVPO 6 Case No. of

BERMUDA

IN THE MAGISTRATES' COURT

Section 22 of the Domestic Violence (Protection Orders) Act 1997

ORDER VARYING *PROTECTION ORDER OR *TEMPORARY ORDER

Between
A.B. Complainant

and
C.D. Respondent

The Court, having heard an application made by (name of person)
________________, the complainant, of (address for service) _____________,
under the Domestic Violence (Protection Orders) Act 1997 in respect of
the conduct of (name of person) ________________, the respondent, of
(address) __________________, towards (name of person to be protected)
___________________, and having on (date of original order) made a
protection order in respect of the respondent for (period) this day orders
that the protection order or temporary order be—

*(a) varied as follows—
(specify details of variation); or

*(b) revoked.

MAGISTRATES' COURT (DOMESTIC VIOLENCE PROTECTION
ORDERS PROCEEDINGS PRESCRIBED FORMS) RULES 1997

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Dated this day of .

_____________________________
Magistrate

*(delete where inapplicable).

Made this day of .

_____________________________
Senior Magistrate
on behalf of the Magistrates

Approved this day of .

_____________________________
Chief Justice