Domestic Violence
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L.R.O.
Act
27 of 1999
Amended by
8 of 2006
LAWS OF TRINIDAD AND TOBAGO
CHAPTER 45:56
DOMESTIC VIOLENCE ACT
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UPDATED TO DECEMBER 31ST 2014
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 45:56
DOMESTIC VIOLENCE ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
Act inconsistent with Constitution.
2. Objects of the Act.
3. Interpretation.
PART II
PROTECTION ORDERS
4. Persons entitled to apply.
5. Power to make a Protection Order.
6. Terms of Protection Order.
7. Matters to be considered.
8. Interim Orders.
9. Undertakings.
PART III
PROCEEDINGS IN RESPECT OF AN APPLICATION
FOR A PROTECTION ORDER
10. Application.
11. Date of hearing of application.
12. Notice of proceedings.
13. Absence of respondent.
14. Absence of applicant.
15. Explanation of Orders.
16. Service of Orders.
17. Service other than personal service.
18. Respondent to have notice.
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PART IV
VARIATION, DURATION AND REVOCATION
OF ORDERS
19. Variation and revocation of Orders.
PART V
ENFORCEMENT OF ORDERS
20. Breach of Orders.
PART VI
POLICE POWERS OF ENTRY AND ARREST
21. Duties of police officers.
22. Issue of warrant.
23. Police powers of entry and arrest without warrant.
23A. Duty of police officer to assist victims.
24. Powers of arrest where a Protection Order is in force.
25. Existing criminal law to apply.
26. Refractory witnesses.
PART VII
MISCELLANEOUS
27. Bail.
28. Appeals .
29. Jurisdiction.
30. Repeal and savings.
FIRST SCHEDULE.
SECOND SCHEDULE.
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CHAPTER 45:56
DOMESTIC VIOLENCE ACT
An Act to provide greater protection for victims of domestic
violence.
[12TH OCTOBER 1999]
WHEREAS incidents of domestic violence continue to occur with
alarming frequency and deadly consequences:
And whereas it has become necessary to reflect the
community’s repugnance to domestic violence in whatever form
it may take and further influence the community’s attitude and
support social change in respect of this social ill:
And whereas the Government is of the view that one way to
achieve these goals is to strengthen legislation to ensure a prompt
and equitable legal remedy for victims of domestic violence:
And whereas it is provided by subsection (1) of section 13 of
the Constitution that an Act of Parliament to which that section
applies may expressly declare that it shall have effect even
though inconsistent with sections 4 and 5 of the Constitution and,
if any such Act does so declare, it shall have effect accordingly:
And whereas it is provided by subsection (2) of the said
section 13 that an Act of Parliament to which that section
applies is one the Bill for which has been passed by both
Houses of Parliament and at the final vote thereon in each
House has been supported by the votes of not less than three-
fifths of all the members of that House:
And whereas it is necessary and expedient that the provisions
of this Act shall have effect even though inconsistent with
sections 4 and 5 of the Constitution:
PART I
PRELIMINARY
1. (1) This Act may be cited as the Domestic Violence Act.
27 of 1999.
Commencement.
Preamble.
Short title.
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Act inconsistent
with
Constitution.
Objects of the
Act.
Interpretation.
Ch. 90:03.
(2) This Act shall have effect even though inconsistent
with sections 4 and 5 of the Constitution.
2. The objects of the Act are inter alia to—
(a) provide immediate injunctive relief to victims of
domestic violence; and
(b) ensure a prompt and just legal remedy for
victims of domestic violence.
3. In this Act—
“applicant” means a person described in section 4 who applies or
on whose behalf an application is made for a Protection
Order;
“Attorney-at-law” means a person whose name is entered on the
Roll in accordance with the Legal Profession Act;
“child” means a person under the age of eighteen years who
ordinarily or periodically resides with the applicant, whether
or not the child is a child of the applicant and the respondent
or either of them, and includes an adopted child, stepchild,
or a child who is treated as a child of the family but not a
person who is or has been married;
“Clerk” means the Clerk or Deputy Clerk of the Court;
“cohabitant” means a person who has lived with or is living with
a person of the opposite sex as a husband or wife although
not legally married to that person;
“Court” means a Court of Summary Jurisdiction;
“dependant” means a person over the age of eighteen years who
by reason of physical or mental disability, age or infirmity is
reliant on either the applicant or respondent for his welfare;
“domestic violence” includes physical, sexual, emotional or
psychological or financial abuse committed by a person
against a spouse, child, any other person who is a member
of the household or dependant;
“emotional or psychological abuse” means a pattern of behaviour
of any kind, the purpose of which is to undermine the
emotional or mental well-being of a person including—
(a) persistent intimidation by the use of abusive or
threatening language;
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(b) persistent following of the person from place
to place;
(c) depriving that person of the use of his property;
(d) the watching or besetting of the place where the
person resides, works, carries on business or
happens to be;
(e) interfering with or damaging the property of
the person;
(f) the forced confinement of the person;
(g) persistent telephoning of the person at the
person’s place of residence or work; and
(h) making unwelcome and repeated or
intimidatory contact with a child or elderly
relative of the person;
“financial abuse” means a pattern of behaviour of a kind, the
purpose of which is to exercise coercive control over, or
exploit or limit a person’s access to financial resources so as
to ensure financial dependance;
“guardian” in relation to a child includes a person who has
custody of that child within the meaning of the Family Law
(Guardianship of Minors, Domicile and Maintenance) Act;
“Interim Order” means an Order made under section 8;
“member of the household” means a person who habitually
resides in the same dwelling house as the applicant or the
respondent and is related to the applicant or respondent by
blood, marriage or adoption;
“Minister” means the Minister to whom responsibility for Social
Development and Family Services is assigned;
“Order” includes an Interim Order and Protection Order;
“parent” means a person who is a parent or grandparent in
relation to a child, dependent, spouse or respondent as the
case may be—
(a) by blood;
(b) by marriage;
(c) by adoption; or
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Ch. 46:08.
First Schedule.
Ch. 11:28.
Persons entitled
to apply.
(d) within the meaning of the Family Law
(Guardianship of Minors, Domicile and
Maintenance) Act;
“physical abuse” means any act or omission which causes physical
injury and includes the commission of or an attempt to
commit any of the offences listed in the First Schedule;
“Protection Order” means an Order made pursuant to section 5;
“respondent” means a person against whom an application for a
Protection Order is made;
“sexual abuse” includes sexual contact of any kind that is coerced
by force or threat of force and the commission of or an
attempt to commit any of the offences listed under the
Sexual Offences Act in the First Schedule;
“spouse” includes a former spouse, a cohabitant or former
cohabitant;
“visiting relationship” means a non-cohabitational relationship
which is otherwise similar to the relationship between
husband and wife.
PART II
PROTECTION ORDERS
4. (1) A person referred to in subsection (2) may apply to
the Court for a Protection Order on the ground that the
respondent engaged in domestic violence.
(2) An application for a Protection Order may be made by—
(a) the spouse of the respondent;
(b) a member of the household of the spouse or
respondent, either on his own behalf or on
behalf of any other member of the household;
(c) a child—
(i) by consanguinity or affinity of either the
spouse or respondent;
(ii) of whom either the spouse or respondent
is a guardian; or
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Power to make
a Protection
Order.
(iii) who is or has been a member of the
household of the spouse or the respondent;
(d) a dependant;
(e) a parent or sibling by consanguinity or affinity
of either the spouse or respondent not being a
member of the household;
(f) a person who has a child in common with the
respondent; and
(g) a person who is or has been in a visiting
relationship with a person of the opposite sex
for a period exceeding twelve months.
(3) A child or dependant may apply for a Protection
Order through—
(a) a person with whom the child or dependant
normally resides or resides with on a regular
basis or any adult member of his household; or
(b) a parent or guardian or, a person who is in loco
parentis to the child.
(4) A police officer, probation officer or approved social
worker may apply for a Protection Order on behalf of—
(a) any person referred to in subsection (2); or
(b) a person or child who is in a residential institution.
(5) For the purposes of this Act “an approved social
worker” is a person experienced or qualified in social welfare and
approved by the Minister in writing.
5. (1) Where, on an application made by a person
described in section 4, the Court determines, on a balance of
probabilities, that domestic violence has occurred, it may issue a
Protection Order containing any or all of the prohibitions or
directions referred to in section 6.
(2) The Court shall grant a Protection Order where it is
satisfied that the respondent—
(a) is engaging in or has engaged in domestic
violence against the applicant; or
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Terms of
Protection
Order.
(b) is likely to engage in conduct that would
constitute domestic violence,
and in either case, having regard to all the circumstances, the
Order is necessary for the protection of the applicant.
6. (1) A Protection Order may—
(a) prohibit the respondent from—
(i) engaging or threatening to engage in
conduct which would constitute domestic
violence towards the applicant;
(ii) being on premises specified in the Order,
that are premises frequented by the
applicant including any residence, property,
business, school or place of employment;
(iii) being in a locality specified in the Order;
(iv) engaging in direct or indirect
communication with the applicant;
(v) taking possession of, damaging,
converting or otherwise dealing with
property that the applicant may have an
interest in, or is reasonably used by the
applicant, as the case may be;
(vi) approaching the applicant within a
specified distance;
(vii) causing or encouraging another person to
engage in conduct referred to in
paragraphs (i) to (vi);
(b) direct that the Order be applied for the benefit of
a child or dependant of the applicant or
respondent; and
(c) direct that the respondent—
(i) return to the applicant specified property that
is in his possession or under his control;
(ii) pay compensation for monetary loss
incurred by an applicant as a direct result of
conduct that amounted to domestic violence;
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(iii) pay interim monetary relief to the applicant
for the benefit of the applicant and any child,
where there is no existing order relating to
maintenance until such time as an obligation
for support is determined, pursuant to any
other written law;
(iv) immediately vacate any place or
residence for a specified period, whether
or not the residence is jointly owned or
leased by the respondent and the
applicant, or solely owned or leased by
the respondent or the applicant;
(v) relinquish to the police any firearm
licence, firearm or other weapon which he
may have in his possession or control and
which may or may not have been used;
(vi) make or continue to make payments in
respect of rent or mortgage payments for
premises occupied by the applicant;
(vii) ensure that reasonable care is provided in
respect of a child or dependant person;
(viii) or applicant or both, receive professional
counselling or therapy from any person or
agency or from a programme which is
approved by the Minister in writing.
(2) A Protection Order may contain such other
prohibitions and directions as consented to by the applicant or
respondent or both.
(3) Where the Court makes an Order which, inter alia,
directs counselling under subsection (1)(c)(viii), the Order
shall specify—
(a) that the Court receive written notification from
the counsellor or therapist of sessions missed
without reasonable excuse; and
(b) the date by which the counsellor or therapist
shall submit a report to the Court in respect of
the counselling or therapy, such report to
include a prognosis for recovery.
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Ch. 46:08.
Ch. 46:08.
(4) Where the Court makes an Order which, inter alia,
directs the payment of compensation under subsection (1)(c)(ii),
such compensation shall include, but not be limited to—
(a) loss of earnings;
(b) medical and dental expenses;
(c) moving and accommodation expenses;
(d) reasonable legal costs, including the cost of an
application pursuant to this Act.
(5) The Court shall have jurisdiction to award
compensation not exceeding fifteen thousand dollars and the
payment of such compensation shall be received by the Court on
behalf of the applicant.
(6) Where the Court makes an Order which inter alia—
(a) directs that the respondent vacate any place or
residence; or
(b) directs the respondent to return to the applicant
specified property that is in his possession
or control,
the Court may, in that same Order, if it thinks necessary and
notwithstanding any other law, in the same Order, direct the
police to remove the respondent either immediately or within a
specified time from the said place or residence, or to accompany
the applicant, as the case may be, either immediately or within a
specified time to specified premises in order to supervise the
removal of property belonging to the applicant and to ensure the
protection of that person.
(7) The Court, when making a Protection Order, may
also make an Order under section 25 of the Family Law
(Guardianship of Minors, Domicile and Maintenance) Act for the
duration of the Protection Order where no order under that Act is
already in force and an Order so made under this Act shall be
deemed to be an Order made in accordance with an application
under section 25 of that Act.
(8) A breach of an Order made under subsection (7) shall
be deemed to be a breach of an Order made under the Family Law
(Guardianship of Minors, Domicile and Maintenance) Act and shall
be dealt with in accordance with that Act.
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Matters to be
considered.
Interim Orders.
(9) A Protection Order may be made for such period as
the Court considers necessary but shall not exceed three years.
(10) Where the Order contains any prohibitions or
directions, the Court may specify different periods, none of
which shall exceed three years as the period for which each
prohibition or direction shall remain in force.
7. In determining whether or not to impose one or more of
the prohibitions or directions specified under section 6, the Court
shall have regard to the following:
(a) the nature, history or pattern of the violence that
has occurred and whether a previous Protection
Order or Interim Order has been issued;
(b) the need to protect the applicant and any other
person for whose benefit the Protection Order has
been granted from further domestic violence;
(c) the welfare of any child;
(d) the accommodation needs of the applicant and
any other person;
(e) the hardship that may be caused as a result of the
making of the Order;
(f) the income, assets and financial obligations of
the respondent, the applicant and any other
person affected by the Order;
(g) the need to preserve and protect the institution
of marriage and other relationships whilst
affording protection and assistance to the family
as a unit;
(h) any other matter, that in the circumstances of the
case, the Court considers relevant.
8. (1) On an application for a Protection Order, the Court
may make an Interim Order, pending the hearing and
determination of the proceedings, if it appears necessary or
appropriate to do so in order to ensure the safety and protection
of the applicant.
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Undertakings.
(2) An Interim Order may be made by the Court at any
time either before or during the hearing of the application
whether or not—
(a) the respondent is present at the proceedings; or
(b) the respondent has been given notice of the
proceedings.
(3) An Interim Order may be made for such period of
time as the Court considers necessary but shall not exceed a
period of twenty-one days.
(4) An Interim Order may contain any or all of the
prohibitions or directions specified in section 6.
(5) Where an Interim Order is made by the Court, it
shall summon the respondent to appear at a further hearing of the
matter as soon as possible after the making of the Interim Order,
and at such further hearing the Court may—
(a) extend the period of the Interim Order for
such further period or until the date fixed for
the hearing of the application, such period not
to exceed forty-two days from the date of
the application;
(b) revoke the Interim Order; or
(c) hear the application and make a Protection
Order under section 5 in substitution for the
Interim Order,
whether or not the respondent appears at the proceedings.
9. (1) In proceedings under this Act the Court may at any
time before the taking of evidence, accept an Undertaking from
the respondent given under oath, that the respondent shall not
engage in conduct specified in the application or any other
conduct that constitutes domestic violence.
(2) Where an Undertaking is given under subsection (1)
the Court shall make a Protection Order or Interim Order, as it
deems fit, in respect of the Undertaking.
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Application.
Form 1.
Second
Schedule.
Ch. 4:20.
Date of hearing
of application.
(3) An Undertaking may deal with all matters that may be
dealt with under a Protection Order or Interim Order as the Court
sees fit, having regard to the matters referred to in section 7.
(4) An Undertaking remains in force for the period
stated in the Undertaking, but shall not exceed three years.
(5) Sections 15, 16, 17 and 18, Part IV and Part V apply
in relation to an Undertaking as they do to a Protection Order and
Interim Order.
PART III
PROCEEDINGS IN RESPECT OF AN APPLICATION
FOR A PROTECTION ORDER
10. (1) An application for a Protection Order shall be made
on the prescribed form, being “Form 1” in the Second Schedule,
and shall be filed with the Clerk.
(2) Except as otherwise provided for by this Act, the
Summary Courts Act shall apply mutatis mutandis in respect of
proceedings under this Act.
(3) Proceedings in respect of an application for a
Protection Order shall be held in camera unless the Court
directs otherwise.
(4) Where an application is made on behalf of a child or
dependant, the parent or guardian of that child or dependant or
the person with whom the child or dependant normally resides
or resides with on a regular basis is entitled to be a party to
the proceedings.
(5) Nothing in subsection (4) shall prevent a child or
dependant, on whose behalf an application for an Order is made, from
being heard in the proceedings and where the child or dependant
expresses views, the Court shall take account of those views having
regard to the age and maturity of the child or dependant and ability of
the child or dependant to express such views.
11. The Clerk shall fix a date for the hearing of the
application which shall be no more than seven days after the date
on which the application is filed.
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Notice of
proceedings.
Form 2.
Second
Schedule.
Ch. 4:20.
Form 3.
Second
Schedule.
Absence of
respondent.
12. (1) A copy of the application for a Protection Order
together with the notice of the date on which, and the time and
place at which, the application is to be heard, shall be served on
the respondent.
(2) A notice of proceedings shall be issued on the form
described as “Form 2” in the Second Schedule.
(3) Where an application is filed in respect of a child or
dependant, a copy of the application, together with notice of the
date on which, and the time and place at which, the application is
to be heard, shall as soon as practicable, be served on the parent
or guardian or other person with whom the child or dependant
normally resides or resides with on a regular basis.
(4) A notice of proceedings which is issued and served
under this section is deemed to be a summons that is duly issued
and served under the Summary Courts Act and compels the
respondent to appear in Court to answer the application as if it
were a complaint to which that Act applies.
(5) A notice of proceedings issued under this section
may be served by the applicant or his agent and the Court shall
receive proof of such service by affidavit in accordance with the
prescribed form, described as “Form 3” in the Second Schedule.
(6) Where the hearing of an application is adjourned
because the application and the notice of proceedings have not
been served on the respondent, the time and place fixed by the
Court for the adjourned hearing, shall be the date, time and place
stated in the new notice of proceedings.
13. Where notice of the proceedings has been served on
the respondent in accordance with section 12 and the
respondent fails to appear in person at the time fixed for the
hearing 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
materials 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.
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Absence of
applicant.
Explanation of
Orders.
Service of
Orders.
Form 4.
Second
Schedule.
14. If, on the date of the hearing of an application for a
Protection Order, the respondent appears in Court, but neither the
applicant nor the person on whose behalf the application is made
appears either in person or represented by his Attorney-at-law,
the Court may—
(a) dismiss the application; or
(b) having received a reasonable excuse for the
non-appearance of the applicant or other person,
adjourn the hearing upon such terms as it deems
just; or
(c) where it is satisfied, having regard to the
submissions before it, that it 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.
15. Where the Court proposes to make a Protection Order or
an Interim Order, and the respondent is before the Court, the
Court shall explain to the respondent—
(a) the purpose, terms and effect of the Order;
(b) the consequences of failing to comply with the
Order; and
(c) the means by which the Order may be varied
or revoked.
16. Where a Protection Order or Interim Order is made or
varied by the Court—
(a) the clerk shall arrange for the Order to be drawn up
on the prescribed form, described as “Form 4” in
the Second Schedule and filed in the Court; and
(b) the Court shall cause a copy of the Order to be
served on—
(i) the respondent;
(ii) any other person to whom the Order is to
apply whether or not the person is a party
to the proceedings; and
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(iii) the police officer in charge of the station
located nearest to the area where the
respondent or applicant resides.
(c) where it relates to real property, it shall be filed
in the Land Registry by the applicant as a
lis pendens.
17. (1) Where, the Court has not been able to serve notice of
proceedings or the Order, as the case may be, upon the
respondent personally, it may make an Order for substituted
service of the notice of proceedings or Order, as the case may be.
(2) For the purpose of subsection (1) “substituted
service” means—
(a) registered post to the last known address of the
respondent;
(b) leaving the document at the last known address
of the respondent;
(c) service by advertisement in two daily newspapers
which service is deemed to have been effected at
midnight on the date of the later advertisement, the
cost to be borne by the applicant; or
(d) such other manner as the Court may direct.
18. A respondent shall not be bound by a Protection Order or
Interim Order—
(a) where he was not present at the time of the
making of the Order; or
(b) where the Order has not been served on him
personally or in accordance with section 17.
PART IV
VARIATION, DURATION AND REVOCATION OF
ORDERS
19. (1) Where an Order is in force, a party to the
proceedings in respect of whom the Order was made may apply
to the Court on the form described as “Form 5” in the Second
Schedule, for an Order varying or revoking the original Order.
Service other
than personal
service.
Respondent to
have notice.
Variation and
revocation of
Orders.
Form 5.
Second
Schedule.
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Breach of
Orders.
(2) On an application under subsection (1), the Court
may, by Order, vary or revoke the Order.
(3) A copy of an application under this section shall be
served on each person who was a party to the proceedings in
respect of which the original Order was made.
(4) In determining whether to vary or revoke an
Order the Court shall have regard to the matters specified
in section 7.
PART V
ENFORCEMENT OF ORDERS
20. (1) Subject to subsection (2) a person against whom an
Order has been made and who—
(a) has had notice of the Order; and
(b) contravenes any provision of the Order or fails
to comply with any direction of the Court,
commits an offence and is liable—
(i) on a first conviction to a fine not
exceeding nine thousand dollars or
imprisonment for a period not exceeding
three months;
(ii) on a second conviction to a fine not
exceeding fifteen thousand dollars or
imprisonment for a period not exceeding
twenty-four months or both;
(iii) on any subsequent conviction to a
period of imprisonment not exceeding
five years.
(2) Where an Order contains a direction of the Court
pursuant to subsection (1)(c)(viii) that the respondent seek
counselling or therapy and it is brought to the attention of the
Court that the respondent has refused or neglected to comply
with such a direction and the Court finds that such refusal or
neglect was unreasonable, the respondent commits an offence
and is liable to a fine not exceeding three thousand dollars.
UNOFFICIAL VERSION
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Duties of police
officers.
Form 7.
Second
Schedule.
Issue of warrant.
PART VI
POLICE POWERS OF ENTRY AND ARREST
21. (1) A police officer shall respond to every complaint or
report alleging domestic violence whether or not the person
making the complaint or the report is the victim.
(2) It shall be the duty of a police officer responding to
a domestic violence complaint to complete a domestic violence
report which shall form part of a National Domestic Violence
Register to be maintained by the Commissioner of Police.
(3) A domestic violence report shall be in the form
prescribed as “Form 7” of the Second Schedule and shall include
but not be limited to—
(a) the name of the parties;
(b) the relationship and sex of the parties;
(c) information relating to the history of domestic
violence between the parties;
(d) the date and time the complaint was received;
(e) the type of the abuse and the weapon used, if any.
22. 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 in a situation amounting to
domestic violence and needs assistance to deal
with or prevent 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 in
paragraph (a),
the Magistrate may issue a warrant in writing authorising a police
officer to enter the premises specified in the warrant at any time
within twenty-four hours 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.
20 Chap. 45:56 Domestic Violence
LAWS OF TRINIDAD AND TOBAGO
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Domestic Violence Chap. 45:56 21
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Police powers
of entry and
arrest without
warrant.
[8 of 2006].
Ch. 10:04.
23. (1) For the avoidance of doubt, a police officer may act
in accordance with the provisions of the Criminal Law Act where
he has reasonable cause to believe that a person is engaging in or
attempting to engage in conduct which amounts to physical
violence and failure to act immediately may result in serious
physical injury or death.
(2) Nothing in this section authorises the entry onto
premises by a policeman, for the purpose of any search or the
arrest of any person, otherwise than in connection with the
conduct referred to in subsection (1).
(3) Where a police officer exercises a power of entry
under subsection (1) he shall immediately submit a written
report to the Commissioner of Police, through the Head of the
Division where the incident occurred, such report to contain the
following information:
(a) the reasons for entering the premises without
a warrant;
(b) the offence being committed or about to be
committed; and
(c) the manner in which the investigation was
conducted and the measures taken to ensure the
protection and safety of the person at risk.
(4) The report referred to in subsection (3) shall be
submitted to the Director of Public Prosecutions by the
Commissioner of Police within seven days of receiving the report.
(5) Where a complaint is made against a police officer
by a person resident in premises alleging that the officer’s entry
onto the premises under subsection (1) was unwarranted, the
Police Complaints Authority shall investigate the complaint and
submit a copy of its report to the Commissioner of Police and the
Director of Public Prosecutions within fourteen days of the
complaint having been made.
(6) Where upon an investigation under subsection (5)
the Police Complaints Authority finds that the entry under
subsection (1) was unwarranted, the Authority shall submit a
copy of its report to the Commissioner and such report may form
the basis of disciplinary action against the officer.
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23A. Where a police officer has entered on to premises in
furtherance of sections 22 and 23(1) he shall—
(a) give assistance to a person who has suffered
injury;
(b) ensure the welfare and safety of a child who
may be on the premises; and
(c) prevent any further breach of the law.
24. Where an Order is in force and a police officer believes
on reasonable grounds that a person has committed or is
committing a breach of the Order he may detain and arrest that
person without a warrant.
25. (1) Subject to subsection (2), where a person is arrested
under section 22 or 23, the person shall be charged in accordance
with the relevant provisions of the criminal law for committing or
attempting to commit any of the offences listed in the First
Schedule and shall be dealt with accordingly.
(2) Where an application for a Protection Order has
been made or where a person has been arrested and charged
under section 22 or 23 and after hearing all the evidence the
Court is satisfied that—
(a) the incident was an isolated one;
(b) there are circumstances which make it desirable
to preserve the family unit; and
(c) the conduct complained of is not sufficiently
grave to warrant the imposition of either the
Order or the penalty, as the case may be,
it may, with the consent of the applicant or complainant, as the
case may be, withhold the granting of a Protection Order or the
imposition of any penalty as prescribed by law and require the
respondent or defendant to enter into a bond of good behaviour
for a period not exceeding six months.
(3) Where a bond of good behaviour has been entered
into under subsection (2) the Court may prescribe such additional
conditions as follows:
(a) that the parties receive professional counselling,
including family counselling;
Duty of police
officer to assist
victims.
Powers of arrest
where a
Protection Order
is in force.
Existing
criminal law to
apply.
First Schedule.
22 Chap. 45:56 Domestic Violence
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Domestic Violence Chap. 45:56 23
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) that the parties report to a probation officer at
certain fixed intervals;
(c) that the matter be reviewed by the Court within
three months.
(4) A bond of good behaviour entered into under
subsection (2) shall be forfeited where the Court is
satisfied that—
(a) the respondent or defendant has continued to
engage in conduct amounting to domestic
violence against the complainant;
(b) based on a report from a probation officer, social
worker, police officer or such other person,
domestic violence is likely to be perpetrated
against the applicant or complainant; or
(c) the applicant or complainant has become fearful
of the respondent or defendant to the extent that
he is no longer willing to continue the
relationship.
26. (1) Where direct oral evidence of a fact would be
admissible in any proceedings under this Act, a document
containing a statement made by the complainant which forms
part of the record compiled by the police and tending to establish
that fact, shall be admissible in circumstances where—
(a) the complainant refuses to be sworn as a
witness; or
(b) having been sworn as a witness, gives oral
evidence which is inconsistent or contradictory to
the statement forming part of the police record.
(2) A statement admitted as evidence by virtue of
subsection (1), shall be treated by the Court as a statutory
declaration made under the Statutory Declarations Act and the
Court may draw any reasonable inference from the form or
content of that statement and determine the weight, if any, to be
attached to the evidence of any fact stated therein.
Refractory
witnesses.
Ch. 7:04.
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PART VII
MISCELLANEOUS
27. (1) Notwithstanding the Bail Act, where the Court is
required to determine whether to grant bail in respect of an
offence under this Act, the Court shall consider—
(a) the need to protect the applicant from
domestic violence;
(b) the welfare of a child where the defendant or
victim of the alleged offence has custody of that
child;
(c) the welfare of any child being a member of the
household; and
(d) any hardship that may be caused to the
defendant or other members of the family if bail
is not granted.
(2) Notwithstanding the Bail Act, the Court in granting
bail, may order that the recognisance be subject to such of the
following conditions as the Court considers appropriate:
(a) that the defendant not harass or molest or cause
another person to harass or molest the victim of
the alleged offence;
(b) that the defendant not be on the premises in
which the victim resides or works;
(c) that the defendant not be in a locality in which
are situated the premises in which the victim
resides or works; and
(d) where the defendant continues to reside with the
victim that the defendant not enter or remain in
the place or residence while under the influence
of alcohol or a drug.
(3) Where a police officer believes on reasonable
grounds that a person, who has been admitted to bail subject to
one or more conditions, has failed to comply with a condition of
the recognisance, the police officer may arrest the person without
a warrant.
Bail.
Ch. 4:60.
Ch. 4:60.
24 Chap. 45:56 Domestic Violence
LAWS OF TRINIDAD AND TOBAGO
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UPDATED TO DECEMBER 31ST 2014
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Domestic Violence Chap. 45:56 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Appeals.
Ch. 4:20.
Jurisdiction.
Repeal and
savings.
10 of 1991.
(Section 3).
28. (1) An appeal shall lie to the Court of Appeal from
any Order or Judgment of the Court and the procedure in
respect of such an appeal shall be as is laid down in the
Summary Courts Act.
(2) Notwithstanding subsection (1) a notice of appeal
from an Order or Judgment under this Act shall not operate as a
stay of proceedings unless the Court of Appeal orders otherwise.
29. Nothing in this Act shall be regarded as removing any
jurisdiction which the High Court may have in respect of the
matters referred to under this Act.
30. (1) The Domestic Violence Act, 1991 is repealed.
(2) Nothing in this Act affects any proceedings
instituted prior to the coming into force of this Act and existing
Orders made under the Domestic Violence Act, 1991.
FIRST SCHEDULE
SUMMARY OFFENCES ACT, (CH. 11:02)
Assault and Battery, Section 4
Assault upon children, women and old, infirmed, sickly persons, Section 5
Aggravated assaults causing wound or harm, Section 5
Violent or obscene language or disturbance of the peace, Section 49
Possession of weapons intended for crime, Section 62
Throwing stones or other missiles, Section 69
Inciting animals to attack, Section 75
Misuse of telephone facilities and false telegrams, Section 106.
MALICIOUS DAMAGE ACT, (CH. 11:06)
Setting fire to a dwelling house, any person being therein, Section 4
Conspiracy to set fire, Section 10
Destroying or damaging a house with gunpowder, any person being therein,
Section 11
Attempting to destroy buildings with gunpowder, Section 12
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UPDATED TO DECEMBER 31ST 2014
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*See section 6 of the Sexual Offences (Amendment) Act, 2000 (Act No. 31 of 2000).
OFFENCES AGAINST THE PERSON ACT, (CH. 11:08)
Conspiring or soliciting to commit murder, Section 5
Attempted murder, Section 9
Sending letters threatening to murder, Section 10
Shooting or wounding with intent to do grievous bodily harm, Section 12
Inflicting injury with or without weapon, Section 14
Attempting to choke, etc., in order to commit any indictable offence,
Section 15
Using drugs, etc., with intent to commit offence, Section 16
Administering poison, etc., so as to endanger life or inflict grievous bodily
harm, Section 17
Administering poison, etc., with intent to injure or annoy, Section 18
Exposing children so that life endangered, Section 21
Causing bodily injury by explosive substance, Section 22
Use of explosive substance or other noxious thing with intent to do grievous
bodily harm, Section 23
Attempting to blow up buildings, Section 26
Drivers of vehicles injuring person by furious driving, Section 26
Procuring abortion, Section 56
Procuring drugs to cause abortion, Section 57
CHILDREN ACT, (CH. 46:01)
Punishment for cruelty to children and young persons, Section 3
Suffocation of infants, Section 4
Begging, Section 5
Exposing children to risk of burning, Section 6
Allowing children or young persons to be in brothels, Section 7
Causing, encouraging or favouring seduction or prostitution of young girls,
Sections 3, 4, 5, 6, 7 and 8
SEXUAL OFFENCES ACT, (CH. 11:28)
Rape, Section 4
Grievous sexual assault, section 4A
Sexual assault by a husband in certain circumstances, Section 5 (Repealed by
Act No. 31 of 2000)*
Sexual intercourse with a female under fourteen, Section 6
Sexual intercourse with a female between fourteen and sixteen, Section 7
Sexual intercourse with a male under sixteen, Section 8
Incest, Section 9
Sexual intercourse with adopted minor, Section 10
Sexual intercourse with mentally subnormal person, Section 12
Buggery, Section 13
Serious indecency, Section 16
Procuration, Section 17
Procuring defilement of a person, Section 18
Detention of a person, Section 19
Abduction of a female, Section 20
26 Chap. 45:56 Domestic Violence
LAWS OF TRINIDAD AND TOBAGO
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SECOND SCHEDULE
FORMS
FORM 1
DOMESTIC VIOLENCE ACT (CH. 45:56)
APPLICATION FOR PROTECTION ORDER /INTERIM
PROTECTION ORDER
REPUBLIC OF TRINIDAD AND TOBAGO
In the County of .................................................................................
I, .....................................................................................................
of ....................................................................................................
hereby apply under section 4 of the Domestic Violence Act, for a Protection
Order/Interim Protection Order to be made by the Magistrate of the district
against
........................................................................................................
who is ..............................................................................................
and who resides at ...............................................................................
in respect of the following conduct:
SPECIFY DATES, TIMES, PLACE AND DETAILS OF CONDUCT COMPLAINED OF.
.......................................................
Dated this .................... day of ............................................. 20......
Domestic Violence Chap. 45:56 27
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Applicant
(Specify address of Respondent)
(Specify relationship to named Respondent)
(Name of Respondent)
(Address)
(Name of Applicant)
Section 4.
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FORM 2
DOMESTIC VIOLENCE ACT (CH. 45:56)
NOTICE OF PROCEEDINGS
REPUBLIC OF TRINIDAD AND TOBAGO
In the County of .................................................................................
BETWEEN
...............................................................Applicant
v
............................................................Respondent
TO THE RESPONDENT
An application under section 4 of the Domestic Violence Act, for a Protection
Order has been made by ................................................ against you.
A copy of the application is attached. The application has been set down for
hearing on the.......... day of ................... 20........ , at............. A.M./P.M.
at ....................................................................................................
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.
..................................................................
Dated this ............... day of .............................................., 20......
Section 12(2).
(time)
Justice or Clerk of the Peace of the
Magistrate’s Court for the District
(place)
(Name of Applicant)
28 Chap. 45:56 Domestic Violence
LAWS OF TRINIDAD AND TOBAGO
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FORM 3
DOMESTIC VIOLENCE ACT (CH. 45:56)
AFFIDAVIT FOR USE IN PROVING SERVICE
OF PROCESS
REPUBLIC OF TRINIDAD AND TOBAGO
No. .....................................
Return of service of process in respect of Domestic Violence Offence(s)
for the ..................................................................................... Court.
I do swear that the above Return of Service is true and in accordance with the
facts of such Service.
.............................................................
Sworn to by me ........................................................... the above-named
Deponent this ............ day of ........................................., 20......
.............................................................
Domestic Violence Chap. 45:56 29
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Mode of
Service
Place of
Service
Date of
Service
Document
Served
Name of
Respondent
Name of
Applicant
Section 12(5).
Justice or Clerk of the Peace of the
Magistrate’s Court for the District
[Name and rank (where applicable) of Deponent]
(Deponent)
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FORM 4
DOMESTIC VIOLENCE ACT (CH. 45:56)
PROTECTION ORDER OR INTERIM ORDER
REPUBLIC OF TRINIDAD AND TOBAGO
In the County of .................................................................................
The Court having heard an application made by ..................................... in
respect of the conduct or threatened conduct of ..........................................
towards .............................................................................................
NOW THIS COURT ORDERS, that for the period from the ................................
day of ..................... 20....., to the ............... day of .................... 20.....,
YOU ..................................................................
THE WITHIN NAMED RESPONDENT SHALL NOT ENGAGE IN THE FOLLOWING
CONDUCT, AND YOU THE WITHIN NAMED RESPONDENT SHALL COMPLY WITH THE
FOLLOWING PROHIBITIONS AND CONDITIONS:
SPECIFY PROHIBITIONS AND CONDITIONS IMPOSED AND ANY PERIOD OR PERIODS
FOR WHICH THEY MAY BE IMPOSED (IF DIFFERENT FROM THE PERIOD OF THE
PROTECTION/INTERIM PROTECTION ORDER).
AND THIS COURT FURTHER ORDERS that you ................................ shall not
engage in any conduct that constitutes an offence under this Act.
If you the said .................................................. fail to comply with any
of the terms of this Order you shall be liable to imprisonment and/or a fine
pursuant to section 19 of the Act.
............................................................
Dated this ............. day of ......................................, 20......
Justice or Clerk of the Peace of the
Magistrate’s Court for the District
(Name of Respondent)
(Name of Respondent)
(Name of person to be protected)
(Name of Respondent)
(Name of Applicant)
Section 16.
30 Chap. 45:56 Domestic Violence
LAWS OF TRINIDAD AND TOBAGO
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FORM 5
DOMESTIC VIOLENCE ACT (CH. 45:56)
APPLICATION FOR VARIATION OR REVOCATION OF
PROTECTION ORDER OR INTERIM ORDER
REPUBLIC OF TRINIDAD AND TOBAGO
In the County of ................................................................................
BETWEEN
................................................. Applicant
v
.............................................. Respondent
I, ...............................................hereby apply for a variation revocation of
the Order made against ................................................................ on the
........ day of ........... 20..., by the ................ Court (a copy of which is attached
to the said application) in respect of certain conduct or threatened conduct towards
........................................................................................................
I ask for a revocation/variation of the Order in the following terms:
SPECIFY DETAILS OF VARIATION
...........................................................
.
Dated this ............ day of ................................, 20......
Domestic Violence Chap. 45:56 31
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Section 19(1).
Applicant
(Name of person who is protected by an Order)
(Name of person against whom the Order was made)
(Name of Applicant)
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FORM 6
DOMESTIC VIOLENCE ACT (CH. 45:56)
ORDER VARYING PROTECTION ORDER OR
INTERIM ORDER
REPUBLIC OF TRINIDAD AND TOBAGO
In the County of .................................................................................
The Court, having heard an application made under section 4 of the Act by
...................................................... in respect of the conduct or threatened
conduct of ..................................... towards ................................... and
the Court having on the ........... day of ................................. 20....., made
an Order, a copy of which is attached, prohibiting the Respondent from
engaging in the conduct specified therein.
NOW the Court on the application of ............................ does this day Order
that the Protection Order or Interim Protection Order be either:
1. REVOKED
................................................................................
2. VARIED AS FOLLOWS
Specify details of variation
................................................................................
................................................................................
........................................................
.
Dated this .................. day of........................................., 20......
Justice or Clerk of the Peace of the
Magistrate’s Court for the District
(Specify effective date of revocation)
(Name of person protected by the Order)(Name of Respondent)
(Name of Applicant)
Section 19(2).
32 Chap. 45:56 Domestic Violence
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FORM 7
DOMESTIC VIOLENCE ACT (CH. 45:56)
DOMESTIC VIOLENCE POLICE REPORT
Station ................ Division .................... Reference No. .......................
Complaint made by .............................................................................
Address .............................................................................................
Relationship of Victim to Alleged Offender .............................................
Telephone No. ......................................
Mode of Report ..................................................................................
Date .................... Time ................ Diary Reference ..............................
Recorded by: (Number/Rank/Name) ........................................................
Name of Victim .................................................................................
.......................................................... Religion ................................
Address .............................................................................................
Telephone No. ...................... Marital Status .........................................
Relationship to Offender ......................................................................
Sex ............. Age .................. Occupation ...........................................
Address of Employment .......................................................................
Name of Alleged Offender .....................................................................
.......................................................... Religion ................................
Address..............................................................................................
Sex ....... Age ........... Marital Status ................... Telephone No. ............
Occupation ...................... Address of Employment ................................
Name of Witness ............................ Name of Witness ............................
Address..............................................................................................
Relationship to Victim/Alleged Offender..................................................
Domestic Violence Chap. 45:56 33
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Surname First name
Surname First name
Referred (by whom)PersonalTelephone
Surname
Etc.
First name
Section 21(3).
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BRIEF FACTS AS REPORTED
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
........................................................................................................
Extent of Inquiry ................................................................................
Medical Report Form Attached (tick) Yes No
Instrument used to inflict Injury .............................................................
Whereabouts of children at time of incident ..............................................
........................................................................................................
State whether previous complaints were made (tick) Yes No
Date ......................... Time .................. Diary Reference .......................
Investigator: (Number/Rank/Name) ........................................................
Action taken ......................................................................................
........................................................................................................
Other previous complaints made
Date ....................Time .................. Diary Reference ............................
Investigator: (Number/Rank/Name) ........................................................
Action taken ......................................................................................
........................................................................................................
Is Protected Order (P.O.) in existence? (tick) Yes No
Date of Issue ......................................................................................
Comments ........................................................................................
........................................................................................................
........................................................................................................
Duration (P.O.) ..................... Court of Issue .........................................
34 Chap. 45:56 Domestic Violence
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Domestic Violence Chap. 45:56 35
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L.R.O.
ACTION TAKEN WITH RESPECT TO PRESENT REPORT:
Date / Time Action taken, by whom
................................. ................................................................
................................. ................................................................
................................. ................................................................
................................. ................................................................
................................. ................................................................
ARREST MADE:
Date of Arrest ............................ Mode of Arrest ..................................
Present status of report ........................................................................
CHARGES PREFERRED:
(1) ................................................................................................
(2) ................................................................................................
(3) ................................................................................................
(4) ................................................................................................
STATE REASON(S) IF NO CHARGES PREFERRED:
........................................................................................................
........................................................................................................
AGENCY TO WHICH REPORT REFERRED/FOLLOW UP ACTION:
........................................................................................................
........................................................................................................
.................................................... ..................................................
Investigator Supervising Officer
(Inspector and above)
.................................................... ..................................................
Date Date
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