Chapter 11:09 - Domestic Violence

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/488-chapter-1109-domestic-violence/file

L.R.O. 1/2012
LAWS OF GUYANA
DOMESTIC VIOLENCE ACT
CHAPTER 11:09
Act
18 of 1996
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 44 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 11:09
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Associated persons.
PART II
PROTECTION ORDERS, OCCUPATION ORDERS AND TENANCY
ORDERS
4. Parties who may apply for protection orders.
5. Protection order or undertaking.
6. Provisions in protection order.
7. Matters to be taken into account.
8. Occupation order.
9. Effect of occupation order.
10. Variation or discharge of occupation order.
11. Tenancy order.
12. Effect of tenancy order.
13. Power to discharge tenancy order and revest tenancy.
14. Procedure relating to occupation and tenancy orders.
15. Power of court to make ancillary orders.
16. Provisions relating to occupation and tenancy orders.
17. Form of application.
18. Procedure.
19. Restrictions on publication.
20. Date for hearing.
21. Service.
22. Service other than personal service.
23. Affidavit evidence.
24. Adjournment.
DOMESTIC VIOLENCE ACT
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SECTION
25. Procedure in the absence of respondent.
26. Procedure in the absence of applicant.
27. Interim orders.
28. Explaining proposed order to respondent.
29. Duration of protection order.
30. Variation and revocation of protection order.
31. Form and service of protection order.
32. Breach of protection order.
PART III
ARREST AND BAIL
33. Power to enter premises.
34. Power of arrest.
35. Bail.
36. Conditions of bail.
37. Issue of warrant.
38. Criminal proceedings may be concurrent.
PART IV
MISCELLANEOUS
39. Jurisdiction.
40. Appeals.
41. Rules of Court.
42. Assistance to victims of domestic violence.
43. Preparation of reports.
44. Role of the Director of Human Services in alleviating domestic
violence and abuse.
45. Ownership of property.
46. Protection of mortgagee.
47. Regulations.
48. Amendment of Forms.
SCHEDULE – Forms
_____________________

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CHAPTER 11:09
18 of 1996 An Act to afford protection in cases involving domestic
violence by the granting of a protection order, to
provide the police with powers of arrest where a
domestic violence offence occurs and for matters
connected therewith or incidental thereto.
[31ST DECEMBER, 1996]
Short title.

Interpretation.


PART I
PRELIMINARY
1. This Act may be cited as the Domestic Violence Act.
2. In this Act—
“applicant” means any person who applies for an order
pursuant to this Act;
“child” means a person under the age of eighteen years;
“clerk” means the clerk of the court;
“cohabitants” are a man and woman who, although not
married to each other, are living together as husband and
wife, and “former cohabitants” shall be construed
accordingly, but does not include cohabitants who have
subsequently married each other;
“court” means a court of summary jurisdiction;
“domestic violence offence” means a prescribed offence
committed by a person against a person with whom he is
associated or a relevant child;
DOMESTIC VIOLENCE ACT
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“drug” means a substance or product for the time being
specified in the First, Second or Third Schedule to the
Narcotics Drugs and Psychotropic Substances (Control)
Act;
“harassment” includes—
(a) the intimidation of a person by—
(i) persistent verbal abuse;
(ii) threats of physical
violence;
(iii) the malicious damage to
the property of a person;
(iv) inducing fear of physical
or psychological
violence; or
(v) any other means;
(b) the persistent following of a
person from place to place;
(c) the hiding of any clothing or
other property owned by or
used by a person or the
depriving of a person of the use
thereof or the hindering of a
person in the use thereof;
(d) the watching or besetting of the
house or other places where a
person resides, works, carries
on business or happens to be or
the watching or besetting of the
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premises that are the place of
education of a person, or the
watching or besetting of the
approach to the house, other
place or place of education;
(e) the making of persistent
unwelcome communications to
a person;
(f) using abusive language to or
behaving towards a person in
any other manner which is of
such a nature and degree as to
cause annoyance to, or result in
ill-treatment of that person;
“health” includes physical or emotional health;
“household residence” means the dwelling house that is or
was used habitually by the respondent and the person
named in the order, or either of them;
“intimidation” means any act, expression or gesture which,
when used repeatedly, has the effect of exerting undue
pressure on a person who, for fear of suffering emotional
or physical injury to himself or property, is forced to
perform an act against his will;
“occupation order” means an order made under section 8 and
includes an interim order, made under that section;
“parent” means a person who is a parent or grandparent by—
(a) blood
(b) marriage; or
(c) adoption,

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c. 16:01

c. 8:03
and includes a guardian or any person who has actual
custody of a child, and “parental responsibility” shall be
construed accordingly;
“police officer”, notwithstanding anything in the Police Act
means any member of the Police Force;
“prescribed offence” means—
(a) murder or attempted murder;
(b) manslaughter;
(c) the use or threatened use of any
other violence or physical or
emotional injury;
(d) a rape offence within the
meaning of the Sexual Offences
Act;
“protection order’’ means an order made under section 5 and
includes an interim order made under that section;
“psychological abuse” includes a repeated or habitual pattern
of conduct which is performed to the dishonour,
discredit or scorn of the personal worth of a person,
unreasonable limitation to access and handling of
common property, blackmail, repeated or habitual
vigilance, isolation, deprivation of access to adequate
food or rest, deprivation of custody of sons or daughters,
threats of deprivation of custody of sons or daughters or
destruction of objects held in esteem by the person,
except those that privately belong to the respondent;
“relevant child” means—
(a) any child who is living with or
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Associated
persons.

might reasonably be expected to
live with either party to the
proceedings; and
(b) any other child whose interests
the court considers relevant;
“respondent” means a person against whom an application is
made;
“tenancy order” means an order made under section 11 and
includes an interim order made under that section;
“tenant”, in relation to any dwelling house, includes any
person—
(a) whose tenancy has expired or
has been determined; and
(b) who is for the time being
deemed under or by virtue of
any enactment or rule of law to
continue to be the tenant of the
dwelling house,
and the term “tenancy” has a corresponding meaning.
3. (1) For the purposes of this Act a person is
associated with another person if—
(a) they are or have been married to each
other;
(b) they are cohabitants or former
cohabitants;
(c) they are or have engaged in a
relationship of a sexual nature;

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(d) they live or have lived together in the
same household, otherwise than
merely by reason of one of them being
the other’s employee, tenant, lodger
or boarder;
(e) they are relatives;
(f) they have agreed to marry one
another, (whether or not the
agreement has been terminated); or
(g) in relation to any child, they are
persons falling within subsection (2).
(2) A person falls within this subsection in relation
to a child if–
(a) he is a parent of the child; or
(b) he has or has had parental
responsibility for the child.
(3) In the case where the child has been adopted,
two persons are associated with each other for the purposes
of this Act if—
(a) one is a natural parent of the child or
a parent of such a natural parent; and
(b) the other is the child or any person—
(i) who has become a parent of the
child by virtue of an adoption
order or who has applied for an
adoption order; or
(ii) with whom the child has at any
time been placed for adoption.
(4) A body corporate and another person shall not
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Parties who
may apply for
protection
orders.

by virtue of subsection (1) (g) be regarded for the purposes of
this Act as associated with each other.
PART II
PROTECTION ORDERS, OCCUPATION ORDERS AND
TENANCY ORDERS
4. (1) An application for a protection order may be
made by any of the following—
(a) a person associated with the
respondent;
(b) where the alleged conduct involves a
child under sixteen or a person
suffering from a mental disability—
(i) a person with whom the child
or person normally resides or
resides on a regular basis;
(ii) a parent of the child or person;
(iii) a qualified social worker
approved by the Minister by
notice published in the Gazette;
or
(iv) a police officer;
(c) a police officer;
(d) a qualified social worker approved by
the Minister by notice published in
the Gazette.
(2) Where the applicant is a person other than the
person on whose behalf the application is made, the person
on whose behalf the application is made shall be a party to
the proceedings, save that if that person is a child under
sixteen or suffers from a mental disability, the parent of that
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Protection
order or
undertaking.

person shall be a party to the proceedings as long as such
parent is not the respondent.
(3) A child under the age of sixteen may with leave
of the court apply for a protection order but such leave shall
not be given unless the court is satisfied that the child has
sufficient understanding to make the proposed application.
(4) For the purposes of this section “conduct”
means conduct in respect of which a protection order may be
made under section 5.
5. (1) Where, on an application made in accordance
with this Act, the court is satisfied, on a balance of
probabilities, that—
(a) the respondent has engaged in
conduct that constitutes a domestic
violence offence and unless the
respondent is restrained the
respondent is likely to engage in
further conduct that would constitute
that or another domestic violence
offence;
(b) the respondent has threatened to
engage in conduct that would
constitute a domestic violence offence
and, unless the respondent is
restrained, the respondent is likely to
engage in conduct that would
constitute that or another domestic
violence offence;
(c) the respondent has induced or forced
the applicant or the person for whose
benefit the order would be made
without that person’s consent, to be
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Form I
Schedule.
drugged with a substance or any
other means that alters the will of the
person, or to become intoxicated with
alcoholic beverages, or has reduced
such person’s capacity to resist, by
means of hypnosis, depressants,
stimulants or by similar means or
substances; or
(d) the respondent has engaged in
harassment or psychological abuse of
the applicant or the person for whose
benefit the order would be made
which constitutes a threat to the
health, safety and well-being of that
person,
the court shall, subject to this section, make a protection order
restraining the respondent from engaging in such conduct or
in any other conduct referred to in this section.
(2) The court, when making a protection order,
may impose one or more of the prohibitions or conditions
specified in section 6.
(3) Where the court is satisfied that it is necessary
in order to ensure the safety of the applicant or the person for
whose benefit the order would be made pending the hearing
and determination of the application to make an interim
protection order the court may make such an order whether
or not the application has been served on the respondent.
(4) Where the court is satisfied that a previous
protection order has not been made against and no
undertaking has been given by the respondent the court may
at any time before a protection order is made accept from the
respondent a signed undertaking in Form I in the Schedule
that he shall refrain from engaging in conduct of the nature
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Provisions in
protection
order.

specified in the application and in conduct that would
constitute any domestic violence offence:
Provided that no undertaking shall be accepted if an
allegation is made against the respondent of conduct referred
to in subsection (l) (a).
(5) An undertaking given under this section may
deal with such other matters that may be dealt with in a
protection order as the court sees fit having regard to the
matters referred to in section 7.
(6) An undertaking given under this section and
any matters dealt with in that undertaking shall remain in
force for the period stated in the undertaking.
(7) Sections 28, 30 and 32 apply, with such
modifications as may be necessary, in relation to an
undertaking as they do to a protection order.
(8) The court is not precluded from making a
protection order by reason of an undertaking being in force
under a previous application.
6. (1) Subject to this Act, a protection order may—
(a) prohibit the respondent from being on
premises in which a person named in
the order resides or works;
(b) prohibit the respondent from being on
premises that are the place of
education of a person named in the
order;
(c) prohibit the respondent from being on
premises specified in the order, being
premises frequented by a person
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named in the order;
(d) prohibit the respondent from being in
a locality specified in the order;
(e) prohibit the respondent from
engaging in harassment or
psychological abuse of a person
named in the order;
(f) prohibit the respondent from
speaking or sending unwelcome
messages to a person named in the
order;
(g) direct the respondent to make such
contribution to the welfare of a person
named in the order as the court thinks
fit;
(h) provide for custody and maintenance
of children;
(i) prohibit the respondent from taking
possession of specified personal
property, being property that is
reasonably used by a person named in
the order;
(j) direct the respondent to return
specified personal property that is in
his possession or under his control
which belongs to a person named in
the order;
(k) prohibit the respondent from causing
another person to engage in the
conduct referred to in paragraph (e),
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Matters to be
taken into
account.

(f) or (i);
(l) specify conditions subject to which
the respondent may be on premises or
in a locality specified in the order;
(m) direct the respondent to do or to
refrain from doing any other act or
acts which the court in the
circumstances of the case considers
relevant;
(n) provide that the respondent seek
appropriate counselling or therapy
from a person or agency approved by
the Minister, by notice published in
the Gazette.
(2) The court may make an order that includes a
prohibition of the kind referred to in subsection (1)(a) or (i)
notwithstanding any legal or equitable interests the
respondent might have in the property comprising the
premises or in the property to which the prohibition of the
kind referred to in subsection (1)(i) relates.
7. (1) In determining whether to impose one or more
of the prohibitions or conditions specified under section 6, the
court shall have regard to the following—
(a) the need to secure the health, safety
and well-being of the applicant or the
person for whose benefit the order is
made;
(b) the need to secure the health, safety
and well-being of any relevant child;
(c) the accommodation needs of the
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Occupation
order.

applicant or the person for whose
benefit the order is made;
(d) any hardship that may be caused to
the respondent or to any other person
as a result of the making of the order;
(e) the income, assets and financial
obligations of the respondent and of
the applicant or the person for whose
benefit the order is made;
(f) any other matter that, in the
circumstances of the case, the court
considers relevant.
(2) In having regard to the matters referred to in
subsection (1), the court shall consider the matters referred to
in subsection (1)(a) and (b) as being of primary importance.
8. (1) The court when making a protection order or an
interim protection order may also make an occupation order
or an interim occupation order, as the case may be, granting
the person named in the order for such period or periods and
on such terms and subject to such conditions as the court
thinks fit, the right to live in the household residence or any
other premises forming part of the household residence.
(2) The court may make an order under subsection
(1) only if the court is satisfied that such an order—
(a) is necessary for the protection of the
applicant or the person for whose
benefit the order is made; or
(b) is in the best interests of a relevant
child.

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Effect of
occupation
order.


Variation or
discharge of
occupation
order.

Tenancy order.
(3) An interim occupation order made while the
person for whose benefit the order is made and the
respondent are living together in the same household
residence shall expire—
(a) on the discharge of the order by the
court;
(b) on the discharge of an interim
protection order.
(4) Where an interim occupation order is made the
respondent may apply immediately for variation or discharge
of that order.
9. (1) Where an occupation order or interim
occupation order is made, the person to whom it relates shall
be entitled, to the exclusion of the respondent, to occupy the
household residence to which that order relates.
(2) Every occupation order shall have effect and
may be enforced as if it were an order of the court for
possession of the household residence in favour of the person
to whom it relates.
10. The court may if it thinks fit, on the application of
either party, make an order—
(a) extending or reducing any period specified
by the court pursuant to section 8(l); or
(b) varying or discharging any terms and
conditions imposed by the court pursuant to
that subsection.
11. (1) The court when making a protection order or
an interim protection order may also make a tenancy order or
an interim tenancy order, as the case may be, vesting in the
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Effect of
tenancy order.
person named in the order, the tenancy of any dwelling-
house which, at the time of the making of the order—
(a) the respondent is either the sole
tenant of or a tenant holding jointly or
in common with the person named in
the order; and
(b) is the household residence of the
person named in the order or the
respondent.
(2) The court may make an order under subsection
(1) only if the court is satisfied that such an order—
(a) is necessary for the protection of the
applicant or the person for whose
benefit the application is made; or
(b) in the best interests of a relevant child.
(3) An interim tenancy order made while the
person concerned and the respondent are living together in
the same household residence shall expire—
(a) on the discharge of the order by the
court;
(b) on the discharge of an interim
protection order.
(4) Where an interim tenancy order is made the
respondent may apply immediately for variation or discharge
of that order.
12. (1) Where a tenancy order or interim tenancy order
is made, the person to whom it relates shall, unless the
tenancy is sooner determined, become the tenant of the
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Power to
discharge
tenancy order
and revest
tenancy.
dwelling-house upon and subject to the terms of the tenancy
in force at the time of the making of the order, and the
respondent shall cease to be the tenant:
Provided that the court may order that the respondent
contribute to the payment of rent, such amount as the court
thinks fit.
(2) Every tenancy order shall have effect and may
be enforced as if it were an order of the court for possession of
the dwelling-house in favour of the person to whom it relates.
(3) Nothing in this Act or in any tenancy order—
(a) limits or affects the operation of any
enactment or rule of law for the time
being applicable to any tenancy to
which a tenancy order applies, or to
the dwelling-house held under the
tenancy;
(b) authorises the court to vary, except by
vesting the tenancy pursuant to this
section or revesting the tenancy
pursuant to section 13, any express or
implied term or condition of the
tenancy.
13. (1) The court may, if it thinks fit on the application
of either party or the personal representative of either party,
make an order (in this section referred to as a revesting order)
revesting the tenancy accordingly.
(2) Where a revesting order is made under
subsection (1), the person in whose favour it is made shall,
unless the tenancy is sooner lawfully determined, become the
tenant of the dwelling-house upon and subject to the terms
and conditions of the tenancy in force immediately before the
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Procedure
relating to
occupation and
tenancy orders.


Power of court
to make
ancillary
orders.

Provisions
relating to
occupation and
tenancy orders.
date on which the revesting order was made.
14. (1) Before making any occupation order (other
than an interim occupation order) or any tenancy order (other
than an interim tenancy order) the court shall direct that
notice be given to any person having an interest in the
property which could be affected by the order.
(2) The person referred to in subsection (1) shall,
upon being notified pursuant to that subsection, be entitled to
appear and to be heard.
15. (1) On or after making an occupation order or a
tenancy order the court may, subject to subsection (2), make
an order granting to the person named in the order the use,
for such period and on such terms and subject to such
conditions as the court thinks fit, of all or any of the—
(a) furniture;
(b) household appliances; and
(c) household effects, in the household
residence or other premises to which
the occupation order relates.
(2) Notwithstanding subsection (1), an order made
under that subsection shall expire if the occupation order
made in relation to the household residence or other premises
or the tenancy order made in relation to the dwelling-house
expires or is discharged.
16. (1) Where an agreement, including a mortgage or a
lease of premises, provides that if the respondent ceases to
reside in his place of residence, a person may take action that
would be prejudicial to the interest of the respondent or a
member of the respondent’s family, the person is not entitled
to take that action if the respondent ceases to reside in the
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Form of
application.
Form 2.
Schedule
Procedure.

c. 10:02

Restrictions on
publication.
place of residence in compliance with an order made under
this Act.
(2) Where the court is satisfied on evidence before
it that an agreement referred to in subsection (1) exists in
relation to the respondent, the court shall, at the time of
making an order, direct that a copy of the order be sent to the
person referred to in subsection (1), by the clerk of the court.
17. An application for a protection order shall be
made in Form 2 in the Schedule and shall be filed with the
clerk.
18. (1) Proceedings in respect of an application shall
be heard in camera unless the court otherwise directs.
(2) Except as otherwise provided by this Act, the
Summary Jurisdiction (Procedure) Act shall apply mutatis
mutandis in respect of proceedings on an application.
19. (1) Subject to subsection (4), no person shall
publish any report of proceedings under this Act (other than
criminal proceedings), except with the leave of the court
which heard the proceedings.
(2) Every person who contravenes subsection (1)
commits an offence and is liable on summary conviction to a
fine not exceeding five thousand dollars.
(3) Nothing in this section limits—
(a) the provisions of any other enactment
relating to the prohibition or
regulation of the publication of
reports or particulars relating to
judicial proceedings; or
(b) the power of the court to punish any
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Date for
hearing.

Service.
Form 3.
Schedule.
contempt of court.
(4) This section shall not apply to the publication of
any report in any publication that—
(a) is of a bona fide professional or
technical nature; or
(b) is intended for circulation among
members of the legal or medical
profession, officers of the public
service, psychologists, marriage
counsellors or social workers.
20. The clerk shall fix a date for the hearing of an
application for a protection order which date shall be no more
than seven days after the date on which the application is
filed.
21. (1) Where an application has been filed with the
clerk, a copy of the application together with notice of
proceedings in Form 3 in the Schedule shall, as soon as
practicable, be served personally on the respondent.
(2) Where an application filed is in respect of a
child under sixteen or person suffering from a mental
disability a copy of the application together with notice of the
date on which and time and place at which the application is
to be heard shall, as soon as practicable, be served personally
on—
(a) the parent with whom the child under
sixteen or person suffering from a
mental disability normally resides or
resides on a regular basis; or
(b) where the child under sixteen or
person suffering from a mental
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c. 10:02
Form 4.
Schedule.

Service other
than personal
service.

Affidavit
evidence.


disability does not normally reside or
does not reside on a regular basis
with the parent, on the person with
whom the child under sixteen or
person suffering from a mental
disability normally resides or resides
on a regular basis.
(3) A notice of the proceedings which is issued and
served under this Part is deemed to be a summons that is
duly issued and served under the Summary Jurisdiction
(Procedure) Act and the respondent shall appear in court to
answer the application as if it were a complaint to which that
Act applies.
(4) Any notice of proceedings issued under this
Part may be served by the applicant or his agent and the court
may, at its discretion, receive proof of such service by
affidavit in Form 4 in the Schedule.
22. Where it appears to the court that it is not
reasonably practicable to serve a copy of an application or an
order personally the court may—
(a) order that the copy of the application
for the protection order or the copy of
the protection order itself, be served
by such other means as the court
thinks just; or
(b) make an order for substituted service.
23. (1) Evidence on an application for a protection
order may be given on affidavit.
(2) Unless a party to the proceedings or the court
so requires, it is not necessary to call a person who made an
affidavit pursuant to subsection (l) to give evidence.
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Adjournment.

Procedure in
the absence of
respondent.

Procedure in
the absence of
applicant.

24. Where the hearing of an application is adjourned
by reason of the fact that the application and the notice of
proceedings have not been served on the respondent, the
date, time and place fixed by the court for the adjourned
hearing shall be the date, time and place stated in the notice of
adjourned proceedings.
25. Where notice of the proceedings has been served
on the respondent in accordance with section 21 and the
respondent fails to appear in person at the court at the time
fixed for the hearing of the application for the protection
order, the court may—
(a) proceed to hear and determine the matter in
the respondent’s absence; or
(b) where the court is satisfied having regard to
the material before it that it is appropriate to
do so, adjourn the matter and issue a
warrant for the respondent to be
apprehended and brought before the court.
26. Where, on the date of the hearing of the
application, the respondent appears in court, but neither the
applicant nor the person on whose behalf the application is
made appears either in person or by his attorney-at-law, the
court may—
(a) dismiss the application;
(b) having received a reasonable excuse
for the non-appearance of either party
adjourn the hearing of the application
upon such terms as the court may
think just; or
(c) where the court is satisfied having
regard to the material before it that it
LAWS OF GUYANA
26 Cap. 11:09 Domestic Violence
L.R.O. 1/2012

Interim orders.
is appropriate for evidence to be
given by affidavit, the court may so
direct, but the court shall on the
application of any other party order
the attendance for cross examination
of the person making any such
affidavit.
27. (1) Every interim order made under this Act shall
specify a date (which shall be as soon as reasonably
practicable thereafter) for a hearing on whether an order
should be made in substitution for the interim order.
(2) The copy of any such interim order which is
served on the respondent shall notify the respondent that
unless the respondent attends on the specified date to show
cause why an order should not be made in substitution for the
interim order, the court may discharge the interim order and
make an order in substitution therefor.
(3) At the hearing referred to in subsection (1) the
court may—
(a) discharge the interim order; or
(b) discharge the interim order and make
an order in substitution therefor; or
(c) on good cause being shown, adjourn
the hearing to such date and place as
the court may specify.
(4) Where a hearing is adjourned under subsection
(3)(c) the court shall, at the adjourned hearing, exercise either
the power conferred by paragraph (a) or by paragraph (b) of
that subsection.
(5) In this section—
LAWS OF GUYANA
Domestic Violence Cap. 11:09 27
L.R.O. 1/2012

Explaining
proposed order
to respondent.

Duration of
protection
order.
(a) “interim order” means an interim
protection order, an interim
occupation order or an interim
tenancy order, as the case may be;
(b) “order” means a protection order, an
occupation order or a tenancy order,
as the case may be, not being an
interim order.
28. Where the court proposes to make an order or
orders under this Act and the respondent is before the court,
the court shall before making the order or orders explain to
the respondent—
(a) the purpose, terms and effect of the
proposed order or orders;
(b) the consequences that may follow if
the respondent fails to comply with
the terms of the proposed order or
orders; and
(c) the means by which the proposed
order or orders may be varied or
revoked.
29. (1) A protection order may be made for such
period as may be specified by the court.
(2) Where a protection order contains a prohibition
of the kind specified in section 6, the court may specify
different periods, being periods none of which exceeds the
period during which the order remains in force as the period
for which each prohibition or condition is to remain in force.
(3) Subject to subsection (4) an interim protection
order shall remain in force for such period not exceeding
LAWS OF GUYANA
28 Cap. 11:09 Domestic Violence
L.R.O. 1/2012


Variation and
revocation of
protection
order.
Form 5.
Schedule.
fourteen days as the court shall specify in the order.
(4) Where the court adjourns the hearing of an
application for a protection order and an interim protection
order is in force, the court may extend the period for which an
interim order is to remain in force until the date fixed for the
further hearing of the application.
(5) An interim protection order ceases to be in
force –
(a) when a protection order is made on
that application and the respondent is
present at the time the protection
order is made;
(b) when a protection order is made on
that application but the respondent is
not present at the time the protection
order is made, when the protection
order is served on the respondent;
(c) when the application is dismissed.
30. (1) Where a protection order or an interim
protection order is in force a party to the proceedings in
which the order was made may apply to the court in Form 5
in the Schedule for an order varying or revoking the order.
(2) On an application under subsection (1) the
court may by order vary or revoke the protection order or
interim protection order.
(3) A copy of an application under this section
shall be served personally on each person who was a party to
the proceedings in which the original order was made.
(4) In determining whether to vary or revoke a
LAWS OF GUYANA
Domestic Violence Cap. 11:09 29
L.R.O. 1/2012

Form and
service of
protection
order.


Form 6.
Schedule.
Form 7.
Schedule
Breach of
protection
order.
protection order the court shall have regard to the matters
specified in section 7.
31. (1) Where a protection order or an interim
protection order is made or varied by the court, the clerk shall
arrange for an order in the prescribed form to be formally
drawn up and filed in the court.
(2) A copy of an order made under subsection (l)
shall be served by the applicant or his agent—
(a) personally on the respondent;
(b) on any other person who was a party
to the proceedings; and
(c) on a police officer who is the officer in
charge of a police station in the
district of the court in which the order
was made.
(3) In subsection (1), a reference to an order in the
prescribed form means—
(a) in the case of the making of a
protection order or an interim
protection order, an order in Form 6
in the Schedule;
(b) in the case of the varying of a
protection order or an interim
protection order, an order in Form 7
in the Schedule.
32. Where—
(a) a protection order or an interim
protection order is made and—
LAWS OF GUYANA
30 Cap. 11:09 Domestic Violence
L.R.O. 1/2012

Power to enter
premises.
(i) the respondent was present at
the time the protection order or
interim protection order was
made; or
(ii) where the respondent was not
present at the time the
protection order or interim
protection order was made but
the order has been served
personally on the respondent;
and
(b) the respondent contravenes the order
in any respect,
the respondent commits an offence and is liable, on summary
conviction, to a fine not exceeding ten thousand dollars and to
imprisonment for a period not exceeding twelve months.
PART III
ARREST AND BAIL
33. (1) A police officer may without warrant enter any
premises for the purpose of giving assistance to any one
present thereon—
(a) if he has reasonable grounds to
suspect that a protection order is
being violated; or
(b) if upon the invitation of a person
resident at the premises he has
reasonable grounds to suspect that a
person therein has suffered, or is in
imminent danger of suffering,
physical injury at the hands of some
other person therein.
(2) A police officer referred to in subsection (1)
LAWS OF GUYANA
Domestic Violence Cap. 11:09 31
L.R.O. 1/2012

Power of arrest.
Bail.

may without warrant enter premises for the purpose of giving
assistance to a person on those premises whom that officer
has reasonable grounds to suspect is in imminent danger of
suffering physical injury or has suffered physical injury at the
hands of another person.
34. Where a police officer believes on reasonable
grounds that a person has committed or is committing an
offence under section 32, he shall make an arrest without a
warrant
35. (1) Where the court is required to determine
whether to grant bail in respect of an offence under section 32
the court shall take into account, inter alia —
(a) the need to secure the health, safety
and well-being of the person named
in the protection order;
(b) the need to secure the health, safety
and well-being of any relevant child;
(c) any hardship that may be caused to
the defendant or to members of the
family if bail is not granted;
(d) the defendant’s record with regard to
the commission of violent acts and
whether there is evidence in the
record of physical or psychological
abuse to children; and
(e) any other matters which may be
relevant to the case in question.
(2) Where bail has been granted to a defendant, the
court may direct that the defendant report at such times as are
specified at a specified police station.
LAWS OF GUYANA
32 Cap. 11:09 Domestic Violence
L.R.O. 1/2012

Conditions of
bail.
36. (1) Where the defendant is charged with an offence
under section 32 the court, in granting bail, may also order
that the recognisance be subject to such of the following
further conditions as the court considers appropriate—
(a) that the defendant not harass or
molest, or cause another person to
harass or molest, a specified person
including the person named in the
protection order or any relevant child;
(b) that the defendant not be on the
premises in which a specified person
including the person named in the
protection order or any relevant child
resides or works;
(c) that the defendant not be in a locality
in which are situated the premises in
which a specified person including
the person named in the protection
order or any relevant child resides or
works;
(d) that the defendant not be on premises
which are or in a locality in which is
situated the place of education of a
specified person including the person
named in the protection order or any
relevant child;
(e) where the defendant continues to
reside, work or attend a place of
education with a specified person
including the person named in the
protection order or any relevant child,
that the defendant do not enter or
LAWS OF GUYANA
Domestic Violence Cap. 11:09 33
L.R.O. 1/2012

Issue of
warrant.


remain in the place of residence,
employment, or education while
under the influence of alcohol or a
drug.
(2) Where a police officer believes on reasonable
grounds that a person who has been admitted to bail subject
to one or more of the conditions set out in subsection (1) has
failed to comply with a condition of the recognisance, the
police officer may apprehend the person without a warrant
(3) Where—
(a) bail has been granted to a person
upon a condition imposed under
subsection (1); and
(b) the person contravenes or fails to
comply with the condition,
the bail is thereupon forfeited and the accused is liable to be
re- arrested.
37. Where a Magistrate is satisfied by information on
oath that—
(a) there are reasonable grounds to suspect that
a person on premises has suffered, or is in
imminent danger of physical injury at the
hands of another person and needs
assistance to prevent or deal with the injury;
and
(b) a police officer has been refused permission
to enter the premises for the purpose of
giving assistance to the first mentioned
person,

LAWS OF GUYANA
34 Cap. 11:09 Domestic Violence
L.R.O. 1/2012

Criminal
proceedings
may be
concurrent.


Jurisdiction.


Appeals.

c. 3:04


Rules of Court.
the Magistrate may issue a warrant in writing authorising a
police officer to enter the premises specified in the warrant at
any time after the issue of the warrant and subject to any
conditions specified in the warrant, to take such action as is
necessary to prevent the commission or repetition of the
offence or a breach of the peace or to protect life or property.
38. Where a person has been charged with a domestic
violence offence and an application for a protection order is
before the court, the court may exercise its power to grant the
order, notwithstanding that the offence for which the person
has been charged and the application for the protection order
arise out of the same conduct.
PART IV
MISCELLANEOUS
39. Nothing in this Act shall be construed as removing
any jurisdiction which the Supreme Court may have in
respect of the matters referred to under this Act.
40. (1) An appeal from any order or judgment of the
court made or given under this Act shall lie to the Full Court
and the appeal shall be regulated in all respects by the
Summary Jurisdiction (Appeals) Act.
(2) Except where the court which makes an order
under this Act otherwise directs, the operation of such order
shall not be suspended by virtue of an appeal under this
section, and every such order may be enforced in the same
manner and in all respects as if no appeal were pending.
41. Rules of Court may be made for the purpose of
regulating the practice and procedure of the court in
proceedings under this Act providing for such matters as are
necessary for giving full effect to the provisions of this Act
and for the due administration thereof.

LAWS OF GUYANA
Domestic Violence Cap. 11:09 35
L.R.O. 1/2012
Assistance to
victims of
domestic
violence.

Preparation of
reports.
42. Whenever a police officer intervenes in a case of
domestic violence the police officer shall as soon as possible
take all reasonable measures within his power to prevent the
victim of domestic violence from being abused again and
shall also take the following steps -
(a) where a victim indicates that he has
suffered injuries which require
medical assistance the police officer
shall assist the victim to obtain
medical treatment as soon as possible;
(b) where a victim of domestic violence
expresses concern for his safety, the
police officer shall assist the victim in
getting to a place of safety;
(c) where a victim of domestic violence
requests it, a police officer shall
protect a victim by accompanying the
victim when he takes his personal
belongings from a place where the
respondent may reside;
(d) advise the victim of domestic violence
on the importance of preserving the
evidence; and
(e) inform the victim as to his rights and
services which may be available to
assist him, be they government or
private services.
43. (1) Where a police officer intervenes in an incident
of domestic violence, he shall prepare a written report which
shall contain the allegations of the persons involved, the
witnesses, the type of investigation conducted and how the
incident was resolved.
LAWS OF GUYANA
36 Cap. 11:09 Domestic Violence
L.R.O. 1/2012

Role of the
Director of
Human
Services in
alleviating
domestic
violence and
abuse.

(2) The police officer in charge of every police
station in Guyana shall ensure that all records of domestic
violence cases are properly compiled so as to facilitate easy
reference to data.
(3) The police officer in charge of every police
station in Guyana shall ensure that confidentiality is
maintained with respect to the identity of persons involved in
all cases of domestic violence and that interviews are carried
out in an area of the police station which provides the utmost
privacy.
44. (1) The Director of Human Services in the Ministry
of Labour, Human Services and Social Security shall be
responsible for—
(a) promoting and developing
educational programmes for the
prevention of domestic violence;
(b) studying, investigating and
publishing reports on the domestic
violence problem in Guyana, its
manifestations and scope; the
consequences and the options for
confronting and eradicating it in
conjunction with the Police Force and
other agencies and organisations;
(c) identifying groups and sectors in
society in which domestic abuse is
manifested and educating these
groups and sectors making them
aware of the skills required to combat
domestic violence;
(d) creating an awareness among society
with regard to the needs of victims of
LAWS OF GUYANA
Domestic Violence Cap. 11:09 37
L.R.O. 1/2012

Ownership of
property.
domestic violence and their families;
(e) developing strategies to encourage
changes in the policies and
procedures in government agencies in
order to improve their response to the
needs of the victims of domestic
violence;
(f) establishing and encouraging the
establishment of programmes on
information, support and counselling
services for victims of domestic
violence;
(g) encouraging programmes of services
for boys and girls who come from
homes where there is abuse and
violence;
(h) providing training and orientation
services for police officers and
persons who assist in the treatment
and counselling of victims of
domestic violence and abuse; and
(i) analysing and carrying out studies on
the need for education and retraining
for persons who engage in conduct
that constitutes domestic violence and
abuse and for their rehabilitation.
(2) In carrying out his responsibilities the Director
of Human Services may collaborate with such governmental,
non-governmental and inter-governmental organisations as
he thinks fit.
45. Nothing in this Act shall be deemed to have
LAWS OF GUYANA
38 Cap. 11:09 Domestic Violence
L.R.O. 1/2012

Protection of
mortgagee.

Regulations.
Amendment of
Forms.
Schedule.

s. 5(4)
altered any right to ownership of property.
46. (1) The rights conferred on any person in respect
of any property by an order made under this Act shall be
subject to the rights of any other person entitled to the benefit
of any mortgage, security, charge or encumbrance affecting
the property if such mortgage, security, charge or
encumbrance was registered before the order was registered
or if the rights of that other person entitled to that benefit
arise under an instrument executed before the date of the
making of the order.
(2) Notwithstanding anything in any enactment or
in any instrument, no money payable under any such
mortgage, security, charge or encumbrance shall be called up
or become due by reason of the making of an order under this
Act.
47. The Minister may make regulations for carrying
out the provisions of this Act and for prescribing anything
that needs to be prescribed.
48. The Minister may by order amend any of the
Forms in the Schedule.
SCHEDULE
FORM 1
MAGISTRATE’S COURT
An application having been made by
.....................................(name of applicant) under section 5 of
Order/Interim Protection Order to be made by the Magistrate
of the district against ..............................................(name of
the Domestic Violence Act, Cap. 11:09, for a Protection
UNDERTAKING IN THE MAGISTERIAL DISTRICT
LAWS OF GUYANA
Domestic Violence Cap. 11:09 39
L.R.O. 1/2012

s. 17

respondent) of ..................................................................(address
of respondent) Now I hereby
..........................................................................................................
(specify details of conduct to be refrained from).
Dated the .....................day of ..............................20
.................................
Respondent
..............Magistrate......................Magisterial District
________
FORM 2
APPLICATION FOR PROTECTION ORDER/INTERIM
PROTECTION ORDER
I .................................................................. (name of applicant) of
................................................................................. (address)
hereby apply under section 5 of the Domestic Violence Act,
be made by the Magistrate of the district against the
........................................ (name of respondent) who is
.................................... (specify relationship to the named
respondent) and who resides at ..........................................
............................................................(specify address of
respondent) in respect of the following conduct—
............................................................................(specify details of
alleged conduct)
....................................
Applicant
Dated the .........................day of ................................20........
_________
undertake to refrain from
Cap. 11:09, for a Protection Order/Interim Protection Order to
IN THE MAGISTERIAL DISTRICT MAGISTRATE’S COURT
LAWS OF GUYANA
40 Cap. 11:09 Domestic Violence
L.R.O. 1/2012
s. 21

s.21(4)
FORM 3
NOTICE OF PROCEEDINGS IN THE MAGISTERIAL
DISTRICT MAGISTRATE’S COURT
Between
Applicant
vs.
Respondent
To the Respondent
An application under section 5 of the Domestic Violence Act,
Cap. 11:09, for a Protection Order/Interim Protection Order
has been made by ......................................................(name of
applicant) against you.
A copy of the application is attached. The application
has been set down for hearing on ..............(date) 20.......... at
...................(time) at ..................................................(place).
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.
.......................................................
Clerk of the court of the District
Dated the ..................day of ...............................20............
________
FORM 4
AFFIDAVIT FOR USE IN PROVING SERVICE OF PROCESS
No.......................................
Return of service of process under the Domestic Violence Act,
Cap. 11:09, for the ........................................Court
LAWS OF GUYANA
Domestic Violence Cap. 11:09 41
L.R.O. 1/2012

s. 30
Name of
Applicant Name of
Respondent Document
Served Date of
Service Place of
Service Mode of
Service

I do swear that the above Return of Service is true and in
accordance with the facts of such Service.
.........................................
(Deponent)
Sworn before me at.....................................................................
this day of 20
.........................................................
Commissioner of Oaths
_________
FORM 5
APPLICATION FOR VARIATION OR REVOCATION OF
PROTECTION ORDER OR INTERIM PROTECTION ORDER
IN THE MAGISTERIAL DISTRICT
MAGISTRATE’S COURT
Between
Applicant
vs.
Respondent
LAWS OF GUYANA
42 Cap. 11:09 Domestic Violence
L.R.O. 1/2012

s. 31(3)(a)
I .............................................................. (name of applicant)
hereby apply for a variation/revocation of the Order made
against.............................................................(name of person
against whom the Order was made)
on........................................by the ............................................
Court (a copy of which is attached to the said application) in
respect of certain conduct or threatened conduct towards
............................................. (name of person who is protected
by the Order).
There have been no previous proceedings in any court in
respect of the said order and I now ask for a revocation or
variation of that order to be
made......................................................................................
(specify details of variation)
..........................................
Applicant
Dated the .................day of ....................................20
_________
FORM 6
PROTECTION ORDER OR INTERIM PROTECTION ORDER
IN THE MAGISTERIAL DISTRICT
MAGISTRATE’S COURT
Between
Applicant
vs.
Respondent
The Court having heard an application by
......................................................(name of applicant) under the
Domestic Violence Act, Cap. 11:09, in respect of the conduct
(or threatened conduct) of .................................... (name of
respondent) towards
...............................................(name of person to be protected).
LAWS OF GUYANA
Domestic Violence Cap. 11:09 43
L.R.O. 1/2012

s. 31(3)(b)
Now this court orders that for ....................................(period)
1.................................................(name of respondent) not engage
in the following conduct—
..............................................................................................................
..........(specify conduct).
2. ...............................................(name of respondent) comply
with the following prohibitions and conditions—
.........................................................................................................(s
pecify the prohibitions and conditions and any other period
or periods for which they are imposed).
Signed this ..................day of.........................20......
............. Magistrate ...................Magisterial District
_____________
FORM 7
ORDER VARYING PROTECTION ORDER OR INTERIM
PROTECTION ORDER
IN THE MAGISTERIAL DISTRICT MAGISTRATE’S
COURT
Between
Applicant
vs.
Respondent
The court having heard an application by
.......................................................(name of applicant) under the
(or threatened conduct) of .................................. (name of
respondent) towards ..................................................... (name of
person to be protected) and having on ...................................
(date of original order) ordered that for
........................................................ (period)
1.................................................(name of respondent) not engage
in the following conduct
Domestic Violence Act, Cap. 11:09, in respect of the conduct
LAWS OF GUYANA
44 Cap. 11:09 Domestic Violence
L.R.O. 1/2012
............................................................................................................
(specify conduct).
2. ...............................................(name of respondent) comply
with the following prohibitions and conditions—
.........................................................................................................
(specify the prohibitions and conditions and any other
period or periods for which they are imposed).
Now the court on the application of
................................................(name of applicant) this day orders
that the Protection Order (or Interim Protection Order) be
varied as follows—
............................................................................................ (specify
details of variation.)
Signed this ................ day of ..........................20......
..................Magistrate................Magistrate District
___________
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