Family Protection and Domestic Violence Act 2014
FAMILY PROTECTION AND DOMESTIC
VIOLENCE ACT 2014
Family Protection and Domestic Violence Act 2014 Arrangement of Sections
Act No. 9 of 2014 Page 3
FAMILY PROTECTION AND DOMESTIC VIOLENCE
ACT 2014
Arrangement of Sections
Section
PART 1 – PRELIMINARY 6
1 Short Title .............................................................................................................. 6
2 Commencement ..................................................................................................... 6
3 Interpretation .......................................................................................................... 6
PART 2 – MAIN PRINCIPLES 9
4 Principles ............................................................................................................... 9
5 Jurisdiction of Courts ............................................................................................. 9
6 Transfer of proceedings ....................................................................................... 10
7 Matters to be considered by Courts ...................................................................... 10
PART 3 - APPLICATIONS GENERALLY 10
8 Who can apply for protection orders .................................................................... 10
9 Protection order in family or criminal proceedings ............................................. 11
10 Application to a Court .......................................................................................... 11
11 Filing a complaint with the police ........................................................................ 11
12 Role of the Police ................................................................................................. 12
PART 4 – PROTECTION ORDERS 12
13 Types of protection orders ................................................................................... 12
14 Emergency protection orders ............................................................................... 12
15 Duration of emergency protection orders ............................................................ 13
16 Temporary protection orders ................................................................................ 13
17 Temporary protection order in relation to cross applications .............................. 14
18 Duration of temporary protection order ............................................................... 14
19 Consent protection order ...................................................................................... 14
20 Duration of consent protection orders .................................................................. 15
21 Interim protection orders ...................................................................................... 15
Arrangement of Sections Family Protection and Domestic Violence Act 2014
Page 4 Act No. 9 of 2014
22 Duration of interim protection orders ................................................................... 15
23 Final protection order ........................................................................................... 16
24 Conciliation conference ........................................................................................ 16
25 Duration of a final protection order ...................................................................... 17
26 Grant of protection order ...................................................................................... 17
27 Extension of a protection order to other persons .................................................. 17
28 Warrant of arrest upon issuing of protection order .............................................. 17
29 Automatic protection of child .............................................................................. 18
30 When orders become effective ............................................................................. 18
31 Relation to other Acts ........................................................................................... 18
32 Conditions in protection orders ............................................................................ 18
33 Referrals to counselling or mediation .................................................................. 19
34 Registration of counsellors .................................................................................. 19
35 Counselling and rehabilitation orders................................................................... 20
36 Supplementary orders ........................................................................................... 20
37 Variation, suspension, cancellation of protection order ....................................... 20
PART 5 – GENERAL OFFENCES AND PENALTY 21
38 Domestic violence offence ................................................................................... 21
39 Relation of Act to Penal Code ............................................................................. 21
40 Criminal offence to breach protection order ........................................................ 21
41 Order for compensation ........................................................................................ 21
PART 6 - PROCEDURES GENERALLY 22
42 Priority .................................................................................................................. 22
43 Service .................................................................................................................. 22
44 Absent defendant ................................................................................................. 23
45 Withdrawal of complaint ...................................................................................... 23
46 Application of Criminal Procedure Code ............................................................. 23
47 Rights of complainant in domestic violence criminal proceedings ...................... 23
48 Appeals from Court decisions ............................................................................. 24
PART 7 - EVIDENCE 24
49 Evidence generally .............................................................................................. 24
50 Evidence in criminal proceedings ........................................................................ 24
51 Standard of proof .................................................................................................. 24
52 Competence and compellability ........................................................................... 25
PART 8 - ENFORCEMENT OF CERTAIN ORDERS 25
53 Enforcement generally ......................................................................................... 25
54 Enforcement of accommodation, maintenance and compensation orders ......... 25
55 Police may arrest without a warrant ..................................................................... 25
PART 9 - CEDAW NATIONAL COORDINATING COMMITTEE 25
56 Establishment ....................................................................................................... 25
Family Protection and Domestic Violence Act 2014 Arrangement of Sections
Act No. 9 of 2014 Page 5
57 Membership ......................................................................................................... 25
58 Functions .............................................................................................................. 26
PART 10 - FAMILY PROTECTION FUND 27
59 Establishment ....................................................................................................... 27
60 Objectives of the Fund ......................................................................................... 27
61 Sources for the Fund ............................................................................................ 27
62 Management ......................................................................................................... 27
PART 11 – MISCELLANEOUS 27
63 Proceedings not open to public ............................................................................ 27
64 Power to make rules ............................................................................................. 28
65 Power to make regulations ................................................................................... 28
SCHEDULE 29
FORM 1 29
FORM 2 30
FORM 3 31
FORM 4 32
FORM 5 33
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FAMILY PROTECTION AND DOMESTIC VIOLENCE
ACT 2014
AN ACT TO PROVIDE FOR GREATER PROTECTION FROM VIOLENCE
WITHIN DOMESTIC RELATIONSHIPS AND TO PROVIDE FOR RELATED
MATTERS
Commencement [18th December, 2014]
PART 1 – PRELIMINARY
1 Short Title
This Act may be cited as the Family Protection and Domestic Violence Act 2014.
2 Commencement
This Act commences at the time of publication by exhibition.
3 Interpretation
In this Act, unless the context otherwise requires –
“applicant” means a person who applies for a protection order under this Act, or a
person on whose behalf an application is made, or a person who is granted a protection
order;
“CEDAW” means the United Nations Convention on the Elimination of All Forms of
Discrimination against Women;
“child” means a person under the age of 18 years;
“child abuse” includes a person who causes or subjects a child to physical, sexual,
psychological or economic abuse;
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“complainant” means the person for whose benefit a protection order is in force, or may
be made, under this Act;
“Court” means the courts referred to in section 5;
“counsellor” means a counsellor registered under section34;
“defendant” means a person:
(a) who is or was in a domestic relationship with the complainant and
committed or allegedly committed an act of violence against the
complainant; or
(b) against whom an order is sought or made under this Act;
“domestic relationship” means relationship of persons:
(a) who are, or were, married to each other; or
(b) who are or were living together in a de facto relationship; or
(c) who normally or regularly resides in the same household; or
(d) who are regarded as a family member under Tuvaluan tradition and social
practices; or
(e) who is a child who resides or previously resided in the same household; or
(f) who is wholly or partially dependent upon ongoing care in the same
household; or
(g) who is a household helper in the same household.
“domestic violence” means violence within an existing or previous domestic
relationship;
“domestic violence offence” means an offence under section 38;;
“economic abuse”-
(a) means a behaviour that constitutes deprivation of economic or financial
resources; and
(b) includes the following:
(i) the disposition, retention or subtraction of moveable or immovable
property in which a victim of domestic violence has a material interest and
that results in hiding or hindering the use of property;
(ii)the damaging or destroying of personal property in which the victim of
domestic violence has an interest;
“exploitation” has the same meaning as defined in section 3 of the Counter Terrorism
and Transnational Organised Crime Act 2009
“harassment” means engaging in a pattern of conduct that induces the fear of
harm to a complainant and includes the following-
(a) repeatedly watching, or loitering outside of or near the building or place
where the complainant resides, works, carries on business, studies or
happens to be;
(b) repeatedly making phone calls or inducing another to make phone calls to
the complainant, whether or not conversation ensues;
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(c) repeatedly sending, delivering or causing the delivery of letters, packages,
facsimiles, electronic mail or other objects to the complainant;
(d) sexual harassment;
“marital property” means property acquired jointly or separately by parties to a
marriage during the course of the marriage;
“Minister” means the Minister responsible for the Department of Women;
“perpetrator” means a person who perpetrates violence within a domestic relationship;
“protection order” means an emergency, temporary, consent, interim or final protection
order made under this Act;
“psychological abuse” includes intimidation, harassment, or threats of physical, sexual,
or economic abuse.
“sexual abuse” means -
(a) a sexual act or conduct that abuses, humiliates, degrades or violates the sexual
integrity and autonomy of the complainant without the claimant’s consent,
irrespective of the nature of the relationship between the complainant and the
perpetrator in a domestic relationship; or
(b) a conduct that forces, coerces, blackmails, bribes or intimidates a person in a
domestic relationship to engage in prostitution or sexual acts with another person
in the domestic relationship;
“sexual harassment” means subjecting another to unwanted and offensive sexual
advances, acts or remarks;
“stalking” means the act by a perpetrator of repeatedly following or pursuing the
complainant;
“standard rules” means –
(a) in relation to proceedings in the High Court, the High Court Rules;
(b) in relation to proceedings in the Magistrates’ Court or the Island Court, the
standard rules applied by the Magistrates’ Court or the Island Court;
“trafficking in persons” has the same meaning as defined in section 3 of the Counter
Terrorism and Transnational Organised Crime Act 2009.
“victim” means a person subjected to domestic violence within a domestic relationship;
“violence” means a specific act or threat likely to result in any one or more of the
following -
(a) physical abuse;
(b) sexual abuse;
(c) verbal abuse;
(d) economic abuse; or
(e) psychological abuse.
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“vulnerable person” means a person who is vulnerable by reason of age, physical or
mental disability.
PART 2 – MAIN PRINCIPLES
4 Principles
The Court or a person who exercises a power or performs a function under this Act must
apply the following principles when exercising jurisdiction under this Act -
(a) promotion of the objects of this Act;
(b) ensuring that proceedings under this Act are as speedy, and simple as possible;
(c) ensuring the safety and wellbeing of victims, and other vulnerable persons in a
domestic relationship from further violence;
(d) ensuring that victims of violence are not re-victimised by perpetrators or by any
other person in the course of proceedings;
(e) ensuring as far as possible that accommodation and maintenance needs of
victims and any dependent children are given the highest priority;
(f) ensuring that persons trafficked, irrespective of nationality –
(i) must not be prosecuted on any charge of trafficking, illegal immigration or
prostitution; and
(ii) given every assistance and be fully informed when testifying in trafficking
trials in which the victim has been involved;
(g) ensuring that victims of violence are fully informed of Court processes and
procedures and the consequences of any orders made;
(h) ensuring that perpetrators –
(i) understand the terms and effects of all orders made under this Act which
imposes obligations upon them; and
(ii) are encouraged to take responsibility for their violence and seek assistance
through counselling and rehabilitation programmes to address the violence;
and
(iii) contribute, where possible, to the rehabilitation of the victim and any
dependent children.
5 Jurisdiction of Courts
(1) The following Courts have jurisdiction to make protection orders under this Act –
(a) Island Courts;
(b) Magistrates’ Court;
(c) Senior Magistrates’ Court;
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(d) High Court;
(2) A Court may make a protection order when exercising jurisdiction under this Act or
when exercising jurisdiction in family or criminal or other proceedings before the Court.
6 Transfer of proceedings
(1) A proceeding under this Act pending before the Island Court, the Magistrates’
Court or the Senior Magistrates’ Court may be transferred in accordance with
the Court’s standard rules and procedures.
(2) When a Court is considering the transfer of proceedings to another Court, the
Court must make an interim protection order for the safety and wellbeing of
each person applying to be protected.
(3) Where a Court orders the transfer of proceedings to another Court, the Court
must request that the proceedings being transferred be listed as a matter of
priority for the other Court to hear within a specified time.
7 Matters to be considered by Courts
To promote reconciliation, the Court, in making any orders or decisions under this Act,
must consider that the victims are not put at risk and the safety and wellbeing of the
victims and any dependants within the household are of paramount importance and
taken into account.
PART 3 - APPLICATIONS GENERALLY
8 Who can apply for protection orders
(1) A complainant may apply to the Court for a protection order if the complainant
lives or works temporarily or permanently with the defendant, or where the act
of domestic violence occurred or is occurring
(2) If the complainant is unable to apply personally due to physical incapacity, fear
of harm or for any other sufficient cause, the following may apply on behalf of
the complainant with the oral or written consent of the complainant –
(a) a family member, guardian or friend;
(b) a social welfare worker or community worker;
(c) a legal practitioner or a counsellor;
(d) a healthcare provider;
(e) a head of a school;
(f) a Police Officer as maybe necessary upon the expiry of the police order
issued under section 42 of the Police Powers and Duties Act 2009.
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(3) An application may be made by or on behalf of more than one person.
(4) An application for a protection order may be made ex parte, unless the Court
orders it to be on notice.
9 Protection order in family or criminal proceedings
(1) A Court before which family proceedings or criminal proceedings are pending
and considering the circumstances of the case, may on its own motion or on an
application by the complainant, issue a protection order upon the terms the
Court considers appropriate and in accordance with this Act.
(2) In issuing a protection order, the Court may take into account the safety, health
and wellbeing of the complainant and a dependent of the complainant.
10 Application to a Court
(1) An application for a protection order may be commenced in any Court under
section 7 (1).
(2) An application to a Court for a protection order may be made -
(a) orally; or
(b) by telephone, radiotelephone or other similar facility; or
(c) in writing in accordance with Form 1 or Form 2 in Schedule 1; or
(d) by facsimile or e-mail.
(3) If the application is made orally, the Court must reduce the application to
writing on Form 1 or Form 2 in Schedule 1.
(4) The Court must keep record of –
(a) all applications for protection orders; and
(b) all protection orders refused or granted and the reasons for refusing
or granting the protection order.
(5) An application for a protection order under subsection (1) may be brought
outside ordinary Court hours or on a day which is not an ordinary Court day, if
the Court is satisfied that the complainant may suffer undue hardship if the
application is not dealt with immediately.
(6) The Court shall explain the effects of any protection order made or refused to
the parties to the proceedings.
11 Filing a complaint with the police
(1) A complainant or another person with information about domestic violence
may file a complaint of domestic violence with the Police.
(2) A complainant child may be assisted by another person to file a complaint of
domestic violence with the Police.
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(3) Where a complainant is, for any reason, unable to file a complaint personally, a
member of the complainant’s family or friend, with the oral or written consent
of the complainant, may file a complaint on behalf of the complainant.
(4) A social welfare worker, community worker, legal practitioner, counsellor,
health care provider, or head of a school may file a complaint about domestic
violence where the intervention is in the best interest of the complainant and
the complainant provides a written or oral consent.
(6) A complaint is to be filed at the police station on the island where -
(a) the complainant resides; or
(b) the perpetrator resides; or
(c) the domestic violence occurred or is occurring.
(7) A person who gives information under this section in good faith does not incur
any civil or criminal liability in respect of the giving of the information.
12 Role of the Police
A police officer shall upon the receipt of a complaint or suspects that an act of domestic
violence is being, has been, or is likely to be committed shall act in accordance with the
Division 2.9.3 of the Police Powers and Duties Act 2009 relating to domestic violence.
PART 4 – PROTECTION ORDERS
13 Types of protection orders
A Court may make the following types of protection orders in accordance with this
Act:
(a) Emergency protection order;
(b) Temporary protection order;
(c) Consent protection order;
(d) Interim protection order; or
(e) Final protection order.
14 Emergency protection orders
(1) A Court may make an emergency protection order in accordance with this
section if an ex parte application for a protection order is made orally or in the
prescribed form and manner.
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(2) In determining whether to grant an order, the Court must be satisfied of the
following –
(a) there is evidence that the perpetrator is committing, about to
commit or has committed domestic violence on the victim;
(b) there is a risk or threat of harm to the safety, wellbeing and
health of the victim if a protection order is not made
immediately;
(c) the existence of immediate danger to the victim or to a person
within the domestic relationship or to the complainant’s personal
property or marital property;
(d) it is likely the victim will be prevented or deterred from pursuing
the application if the order is not made immediately.
(3) An emergency protection order may contain conditions, including directives for
the victim or perpetrator or both to attend counselling or rehabilitation
programmes.
(4) A copy of the emergency protection order including conditions and directives
made under the order must, within the prescribed period of the emergency
protection order, be served on the perpetrator.
(5) A copy of the emergency protection order must be immediately sent by the
Court to the Police in the area where the order is made.
15 Duration of emergency protection orders
(1) An emergency protection order shall be effective for a period of no more
than 72 hours notwithstanding the fact that the perpetrator has not been
given notice of the application nor an opportunity to be heard.
(2) An emergency protection order may be renewed only once for a further
72 hours before the expiry of the first order on the application of the
complainant or any person on behalf of the complainant and with the
complainant’s oral or written consent.
16 Temporary protection orders
(1) A complainant may make an ex parte application for a temporary
protection order and the Court may grant such order if it considers it to
be in the best interest of the complainant.
(2) In determining whether it is in the best interest of the complainant to
issue a temporary protection order, the Court shall consider whether
there is risk of harm to the complainant if the order is not made
immediately.
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(3) The Court shall order immediate service by the police of the application
for temporary protection order together with the notice of the date of
hearing on the defendant in accordance with Form 3 in Schedule 1.
(4) Where the defendant, without reasonable cause, fails to appear before the
Court in accordance with subsection (3) and the Court being satisfied on
the evidence that the defendant has been served, the Court may –
(a) give further directions; or
(b) make a temporary protection order and include any conditions listed in
sections 32, 35 and 36 of this Act; or
(c) make any other order the Court thinks fit.
17 Temporary protection order in relation to cross applications
(1) Cross applications occur when a defendant also alleges domestic violence and
applies for a protection order.
(2) The Court must adjourn the hearing of the cross application and set a date for
the cross application to be served on the original complainant named in the
original application, unless the original complainant consents to the Court
hearing the cross application before hearing the original application or together
with the original application.
(3) The Court may make a temporary protection order if it is satisfied that the
complainants are in need of protection.
18 Duration of temporary protection order
(1) Temporary protection orders shall be effective for 30 days.
(2) The Court shall list the case for hearing before the expiry of the temporary
protection order.
19 Consent protection order
(1) An application for a consent protection order may be granted by the Court
upon the consent of the parties to the proceedings.
(2) The Court in considering a consent protection order –
(a) may not make an order after taking into account the circumstances of
the parties; and
(b) may adjourn the hearing to allow parties to seek legal representation
or counselling.
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20 Duration of consent protection orders
A consent order remains in force until a further order of the Court or the order is
cancelled.
21 Interim protection orders
(1) Where the application is made ex parte to the Court for a protection order, the
Court shall grant an interim protection order if it considers the order to be in
the best interest of the complainant, and pending the consideration of the
application of the order.
(2) In determining whether it is in the best interest of the complainant to issue an
interim protection order, the Court shall consider -
(a) whether there is risk of harm to the complainant if the order is not made
immediately; or
(b) whether it is likely the complainant will be prevented or deterred from
pursuing the application if the order is not made immediately.
(3) Interim protection order shall be effective until a further order of the Court.
(4) Where the defendant is not already before the Court when making an interim
protection order, the Court shall list the case for hearing and shall order immediate
service by the Police of the application for protection order together with notice of
the date of hearing on the defendant in accordance with Form3 in Schedule 1.
(5) Where the defendant without reasonable cause fails to appear before the Court in
accordance with subsection (4)and the Court being satisfied on the evidence that
the defendant has been served, the Court may –
(a) give further directions; or
(b) make an interim protection order and include any condition set out
in sections 32, 35 and 36 as considered appropriate on Form 4 in
Schedule 1.
(c) make any other order the Court thinks fit.
22 Duration of interim protection orders
(1) An interim order ends -
(a) on a further order of the Court; or
(b) if cancelled; or
(c) where the application for an extensions of interim order is
dismissed; or
(d) if a final order is made.
(2) An interim order must not be in force for more than 2 years.
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23 Final protection order
(1) Where an application is made on notice to the Court for a protection order and the
Court being satisfied on the evidence that notice has been served on the
defendant in accordance with Form3 in Schedule 1, the Court may –
(a) adjourn the case and order a social enquiry report from the social
welfare worker or a registered counsellor to be submitted to the
Court before the date fixed for the hearing of the application; or
(b) adjourn the case and make directions for the complainant or the
defendant to attend counselling with a Court appointed counsellor for
such periods as may be required; or
(c) adjourn the case and make directions for the complainant and
defendant to attend a conciliation conference as provided for under
section 24 with the Court Registrar and a registered counsellor or
social welfare worker appointed by the Court.
(2) Persons appointed in subsection (1) shall have the duty to:
(a) explain to the parties the process involved when there is an order made for a
social enquiry report, or to attend counselling, or to attend a conciliation
conference, whichever is relevant;
(b) comply with the relevant court order; and
(c) provide a report to the court before the next date of hearing.
(3) The Court must make a final order and include any condition set out in sections
32, 35 and 36 as considered appropriate on Form 4 in Schedule 1.
(4) If the defendant is not present for the issue of the final order, the final order must
be served on the defendant.
24 Conciliation conference
Where a conciliation conference is ordered, the following matters must be considered :
(a) child custody of and access arrangements;
(b) safety of victim and children and risk management;
(c) accommodation and living arrangements of members of the household;
(d) maintenance for victim and children;
(e) safety of property and arrangements for personal property;
(f) reconciliation;
(g) counselling and intervention programmes provided by relevant registered institutions,
registered counsellors, church groups, or traditional mediators;
(h) counselling programmes to assist the defendant;
(i) other support service requirements for the victim and children;
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(j) separation or dissolution of marriage; and
(k) the respondent’s participation, where possible, in the rehabilitation of the victim.
25 Duration of a final protection order
A final protection order issued by the Court shall remain in force unless extended, varied
or cancelled by the Court on a motion by a party to the original proceedings if there is
good cause. In considering the application, the Court must take the best interest of the
complainant to the original proceedings into account.
26 Grant of protection order
(1) The Court in performing functions under this Act must grant a protection order if it
is satisfied that –
(a) the perpetrator is using, has used, or is likely to engage in violence
against the complainant; and
(b) the issuance of the protection order is necessary for the protection,
safety, health and wellbeing of the complainant and any dependant; and
(2) Where a protection order contains any condition of the kind specified in sections
32, 35 and 36 , the Court may specify different periods as the period for which each
condition is to remain in force.
27 Extension of a protection order to other persons
A Court may extend a protection order to a person in the domestic relationship specified
in the order other than the complainant if the Court is satisfied that –
(a) the perpetrator is engaging in or has engaged in behaviour which would amount to
domestic violence against the person other than the complainant as specified in the
order; and
(b) the extension of the protection order is necessary for the protection of the specified
person.
28 Warrant of arrest upon issuing of protection order
(1) Whenever a Court issues a protection order, the Court may in exceptional
circumstances make an order –
(a) authorising the issue of a warrant for arrest of the perpetrator, in the
prescribed form; and
(b) where necessary suspend the execution of such warrant subject to
compliance with prohibitions, conditions, obligations or orders
imposed in terms of sections 32, 35 and 36.
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(2) The warrant referred to in subsection (1)(a) remains in force unless the protection
order is breached, suspended or cancelled.
29 Automatic protection of child
A protection order granted by a Court automatically protects any child of the victim’s
family.
30 When orders become effective
A protection order issued by a Court becomes effective immediately upon the signature
of the judicial officer and seal by the Court.
31 Relation to other Acts
The provisions in these Parts do not replace other remedies that may be imposed for
violations under other Acts and are in addition to, and not in substitution for, other
remedies available under other Acts.
32 Conditions in protection orders
The protection order may include any of the following conditions which prohibits the
defendant from-
(a) physically assaulting or threatening to assault the complainant or anyone in a
domestic relationship with the applicant;
(b) forcibly confining or detaining the applicant or anyone in a domestic
relationship with the complainant;
(c) depriving the complainant of adequate food, water, clothing, shelter and rest;
(d) forcing the complainant to engage in sexual conduct which violates the
complainant’s sexual integrity and autonomy;
(e) depriving or threatening to deprive the complainant of –
(i) financial resources;
(ii) medical and personal necessaries required for health and wellbeing of the
complainant;
(f) contacting the complainant by any form of communication at work or other
places;
(g) destroying, hiding, hindering , disposing or threatening to dispose of property in
which the complainant has material interest;
(h) harassing and stalking the complainant;
(i) entering the complainant’s residence without consent, where the parties do not
share the same residence;
(j) emotionally, verbally or psychologically abusing the complainant;
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(k) coming within 30 meters of the complainant; or
(l) doing an act which the Court considers is not in the best interests of the
complainant or any other person in a domestic relationship.
33 Referrals to counselling or mediation
If, at any time during the application for a non-emergency protection order, the Court is
satisfied that the application is likely to be more effectively resolved by counselling or
mediation than by a hearing, the Court may –
(a) recommend to the parties to the application that they seek counselling or mediation;
or
(b) give the parties information on counselling and mediation services; or
(c) adjourn the case until a stated date to allow for counselling or mediation.
34 Registration of counsellors
(1) A person may apply to the Minister for registration as a domestic violence
counsellor.
(2) The Minister, in consultation with the Attorney-General, the Commissioner of
Police, the Director of the Department responsible for Women, the Director of the
Department of Education, and the Chairperson of the CEDAW National
Coordinating Committee, may approve an application under subsection (1) if
satisfied that –
(a) the person engages in domestic violence counselling, mediation or marriage
education and counselling or is concerned with the welfare of children; and
(b) the person is a qualified counsellor with appropriate qualifications; or
(c) the person has appropriate experience in counselling or mediation in
relation to domestic violence.
(3) Notice of approval of an application under this section must be published by
exhibition
(4) A domestic violence counsellor must, no later than October each year, provide a
report on domestic violence, including the number of cases dealt with during the
year to the Chairperson of the CEDAW National Coordinating Committee. Upon
application by a domestic violence counsellor, the Minister, may extend the period
of time for the submission of the report.
(5) The Chairperson of the CEDAW National Coordinating Committee has a duty to
send a copy of the report to the members of the said Committee.
(6) The Office of the Attorney – General must establish a register of approved
domestic violence counsellors.
(7) A person may inspect the register during normal office hours
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35 Counselling and rehabilitation orders
In deciding to make a protection order, the Court may direct either the complainant or
defendant or both to participate in -
(a) counselling; or
(b) anger management; or
(c) mediation; or
(d) child care and parenting skills training programme; or
(e) any other relevant programme.
36 Supplementary orders
A protection order may include all or any of the following supplementary
conditions –
(a) an accommodation order, which direct the defendant to pay for the
complainant’s accommodation if the complainant is required to move out of
the residential home; or
(b) a custody order, which grants temporary custody of any dependent child
to the complainant or to another appropriate person if the Court is
satisfied that it is reasonably necessary for the safety and welfare of the
child in question; or
(c) a maintenance order, which directs the defendant to pay maintenance in
cash or kind or both to the complainant and any dependent children in
the domestic relationship; or
(d) a weapons order, which directs the defendant to surrender any weapon
that has been used or threatened to be used to commit domestic violence.
37 Variation, suspension, cancellation of protection order
(1) A complainant or defendant may, upon written notice to the other party and
the Court concerned on Form 3 in Schedule 1, apply for the variation,
suspension or cancellation of a protection order.
(2) If the Court is satisfied that good cause has been shown for the variation,
suspension or cancellation of the protection order and the application has been
made freely and voluntarily, it may issue an order to this effect and set out the
order on Form 5 in Schedule 1
(3) The Registrar or clerk of the Court as the case maybe must forward the order
and any variations made to the original order and set out in Form 5 in Schedule
1, to the complainant and the defendant.
Family Protection and Domestic Violence Act 2014 SCHEDULE
Act No. 9 of 2014 Page 21
PART 5 – GENERAL OFFENCES AND PENALTY
38 Domestic violence offence
(1) A person who commits physical, sexual, verbal, psychological or economic
abuse against another person in a domestic relationship commits an offence of
domestic violence.
(2) A person who commits a domestic violence offence is guilty of a criminal
offence and liable on conviction to a term of imprisonment not exceeding 5
years or to a fine not exceeding $1000, or both.
(3) It is not a defence to an offence under subsection (1) that the defendant has
paid compensation or reparation to the complainant or to the complainant’s
family.
(4) If a person instigates, counsels or procures another person to commit an act of
domestic violence that person is taken to have committed the act and
subsection (1) applies.
39 Relation of Act to Penal Code
The punishment provided for in this Act applies only to offences under which the Penal
Code 1965 are misdemeanours and the offence is committed in a domestic relationship.
This Act does not apply to any offence that is aggravated or where the punishment under
the Penal Code is more than 5 years imprisonment.
40 Criminal offence to breach protection order
Any person who, without lawful justification breaches a protection order commits a
criminal offence and on conviction shall be liable to a fine not exceeding $1000 or a term
of imprisonment not more than 5 years or both.
41 Order for compensation
(1) A Court on hearing a claim for compensation under this Act may make an order that
the defendant pay compensation that is deemed reasonable and fair to the
complainant if he or she as a result of an act of domestic violence suffered –
(a) personal injury; or
(b) damage to property; or
(c) financial loss.
(2) The Court in considering whether to make an order for compensation, must take
into account –
(a) any pain and suffering of the victim and other persons in the household
including psychological harm, shame and humiliation suffered;
SCHEDULE Family Protection and Domestic Violence Act 2014
Page 22 Act No. 9 of 2014
(b) the value of any property of the victim that has been taken, destroyed or
damaged.
(c) the loss of earnings suffered by the victim.
(3) The Court in considering any necessary and reasonable expenses under
subsection 2 must have regard to –
(a) the time that has lapsed between the domestic violence occurring and the
hearing of the application for compensation;
(b) the financial position of the parties;
(c) the ability of the person to pay compensation;
(d) the relationship between the parties;
(e) any other order made under this Act including any order that the defendant
pay maintenance to the complainant and any dependent children;
(f) any other order the Court considers relevant to the issues to be determined
in relation to the claim for compensation.
PART 6 - PROCEDURES GENERALLY
42 Priority
(1) A Court must give priority to applications for protection orders.
(2) A Court must determine an application for an emergency and temporary protection
order on the same day on which the application is made unless there are exceptional
circumstances.
43 Service
(1) Where an application is being made to the Court for a protection order, the Court
must issue as soon as practicable after filing -
(a) A summons directing the defendant to appear at the time and place set out in
the summons on Form 3 in Schedule 1; or
(b) A warrant subject to subsection (2) for the arrest of the respondent.
(2) The Court must not issue a warrant unless the Court is satisfied that the personal
safety of the complainant would be seriously threatened unless the defendant is
apprehended and brought into custody.
(3) The Court must give two copies of the application and any summons or warrants to
the police officer in charge of the police station to where the defendant lives or was
last known to live.
(4) The police officer must personally serve the application and summons or warrant
on the defendant.
(5) Where service is completed by the police officer, an affidavit of service must be
completed by the police officer who served the defendant and the affidavit is
Family Protection and Domestic Violence Act 2014 SCHEDULE
Act No. 9 of 2014 Page 23
promptly delivered, posted or transmitted by facsimile transmission to the Court
registry in which the application was filed for the hearing of the matter.
(6) In the case of a warrant, the police officer must arrest the defendant and take the
defendant into custody.
44 Absent defendant
A Court may proceed to hear and determine an application for a protection order if the
defendant is not present. The Court must be satisfied that-
(a) the defendant has been served with a summons to appear at the hearing ; or
(b) the defendant was required by conditions of bail to appear at the hearing;
or
(c) having regard to all the circumstances of the case all reasonable efforts have
been made to give the defendant notice of hearing.
45 Withdrawal of complaint
Where a complainant makes an oral or written application for withdrawal of complaint
against the defendant, the Court -
(a) must investigate the reasons for withdrawal;
(b) must ensure the safety and wellbeing of the complainant and any dependants;
(c) make further directions; or
(d) grant the application.
46 Application of Criminal Procedure Code
In criminal proceedings, where no provision is made under this Act or rules or
regulations made under it, unless the Court directs otherwise, the practice and procedure
required by the Criminal Procedure Code 1963 followed in summary trials shall apply.
47 Rights of complainant in domestic violence criminal proceedings
In criminal proceedings for domestic violence, the prosecutor must consult with the
complainant and fully explain proceedings in order –
(a) to ensure that all relevant information has been obtained from the complainant,
including relevant information on the release of the defendant on bail and the
conditions that should be imposed that are necessary for the safety and
wellbeing of the complainant, any dependent children or persons living within
the family household.
(b) to provide such information as are necessary to the complainant to lessen the
impact of the trial on the complainant.
SCHEDULE Family Protection and Domestic Violence Act 2014
Page 24 Act No. 9 of 2014
48 Appeals from Court decisions
(1) Where in proceedings under this Act, a party may appeal to the Magistrates’
Court, Senior Magistrate’s Court or High Court if he or she has been -
(a) refused an order; or
(b) is prejudicially affected by the decision.
(2) The Magistrates Court Rules and the High Court Rules, with all necessary
modifications, apply to an appeal under this section.
PART 7 - EVIDENCE
49 Evidence generally
In proceedings under this Act, the Court may receive any evidence that it thinks fit,
whether or not it is otherwise admissible in a Court of law.
50 Evidence in criminal proceedings
(1) In criminal proceedings relating to sexual abuse, it is not necessary that evidence
upon which a complainant relies be corroborated.
(2) The evidence relating to the sexual reputation of the complainant is inadmissible.
No evidence can be given and no question can be put to a complainant relating
directly or indirectly to the sexual experience of the complainant with any person
other than the accused.
(3) A complainant need not show resistance for a proper prosecution under this Part.
(4) In criminal proceedings at which an accused is charged with an offence of a sexual
act or an offence of an indecent nature, the Court shall not draw any inference only
from the length of the delay between the commission of the sexual or indecent act
and the laying of the complaint.
51 Standard of proof
(1) Subject to subsection (2), every question of fact arising in any proceedings
under this Act, must be decided on the balance of probabilities;
(2) Subsection (1) above does not apply to criminal proceedings and the
standard rules apply.
Family Protection and Domestic Violence Act 2014 SCHEDULE
Act No. 9 of 2014 Page 25
52 Competence and compellability
(1) The parties to a proceeding under this Act are competent and compellable
witnesses.
(2) In proceedings under this Act, the parties to a marriage are competent and
compellable to disclose only those communications that are relevant to the
proceedings under this Act.
PART 8 - ENFORCEMENT OF CERTAIN ORDERS
53 Enforcement generally
(1) Subject to the rules and regulations made under this Act, the orders made
may be enforced by any Court having jurisdiction under this Act.
(2) A Court must not entertain a proceeding under this Act for the enforcement of
an order made by another Court under this Act unless the order is registered
by the Court in accordance with the standard rules of the Court.
54 Enforcement of accommodation, maintenance and compensation orders
An accommodation order, or a maintenance order, or a compensation order is to be
enforced by a Court having jurisdiction under this Act.
55 Police may arrest without a warrant
A police officer may arrest without a warrant and charge any person whom the police
officer has good cause to suspect is about to commit or committing or has committed an
offence under this Act.
PART 9 - CEDAW NATIONAL COORDINATING COMMITTEE
56 Establishment
The Minister for Women shall establish the CEDAW National Coordinating Committee
consisting of persons appointed by the Minister.
57 Membership
(1) The Committee shall consists of CEDAW National Coordinating Committee
members, a representative each from the Ministry for Women, the Judiciary, the
SCHEDULE Family Protection and Domestic Violence Act 2014
Page 26 Act No. 9 of 2014
Department of Community Affairs/Social Welfare, the Police Department and to
be chaired by the Secretary for the Ministry of Women.
(2) A member of the Committee may hold office for such period, not exceeding 3
years, and is eligible for reappointment.
(3) A member may resign by writing to the Minister.
(4) The Minister may terminate the appointment of a member because of
misbehaviour or mental incapacity or being absent from the Committee meetings
for 3 consecutive meetings without notification to the chairperson of the
Committee.
58 Functions
(1) It is the function of the Committee to advise, inform and make recommendations
to the Minister concerning –
(a) the implementation of the Act;
(b) any research and analysis undertaken on the prevalence of violence, and
recommendations made;
(c) more efficient collaboration of community and government support
services to victims of violence;
(d) improvements to reduce prevent and eliminate violence through
education and public awareness programmes;
(e) proposals for specific amendments to the Act;
(f) developments of a national plan of action and strategy with the
responsible Ministry for the prevention and reduction of violence
within domestic relationships for circulation to the public and to be
implemented through the various Government agencies, civil
society organisations and other interested stakeholders;
(g) any other matter relating to the implementation and preventive
measures under this Act.
(2) Meetings of the Committee shall be convened by the Chairperson of the
Committee;
(3) The Department of Women must keep records of all meetings of the CEDAW
National Coordinating Committee.
(4) The Committee must, as soon as practicable no later than October in each year,
prepare and furnish to the Minister a report including recommendations on the
issues of domestic violence, the prevalence of violence and other related
matters, the operations of the Act, the work undertaken by the Committee and a
copy of the report must be tabled at the next sitting of Parliament. The report
must be made available to the public after tabling in Parliament.
Family Protection and Domestic Violence Act 2014 SCHEDULE
Act No. 9 of 2014 Page 27
PART 10 - FAMILY PROTECTION FUND
59 Establishment
There shall be established by this Act a Family Protection Fund.
60 Objectives of the Fund
The Fund shall be applied –
(a) towards material support for victims’ of violence;
(b) towards construction of victim support centres and shelters;
(c) for training and capacity building of members of the Judiciary, the Police,
counsellors and persons managing support centres and shelters.
61 Sources for the Fund
The monies for the Fund include –
(a) funds approved by Parliament;
(b) funds from any other source approved by the Minister responsible for Finance;
(c) voluntary contributions to the Fund from individuals, organisations, the private
sector and development partners.
62 Management
(1) The Fund shall be managed by the Ministry of Finance in accordance with the
financial regulations.
(2) Applications for funding shall be made to the Committee who shall then
advise the Minister responsible in the allocation of funds.
PART 11 – MISCELLANEOUS
63 Proceedings not open to public
(1) A Court hearing an application for a protection order is not open to the public.
(2) Subject to subsection (3),a person may not be present during the hearing of an
application unless he or she is-
(a) a party to the proceedings; or
(b) is an officer of the Court; or
(c) a legal or other representative of the party; or
(d) a witness; or
SCHEDULE Family Protection and Domestic Violence Act 2014
Page 28 Act No. 9 of 2014
(e) any other particular person whom the Court permits to be present.
(3) A complainant is entitled to have a person with him throughout the proceedings to
provide support and other assistance.
64 Power to make rules
The Chief Justice may from time to time make rules providing for and in relation to –
(a) forms and the use of forms as necessary for the purposes of this Act;
(b) stamps in relation to a document issued by an authorised person;
(c) applications for protection orders made by telephone and other similar
facility;
(d) partial or full remission of fees; and
(e) any other relevant matter.
65 Power to make regulations
The Minister may make regulations not inconsistent with this Act for all matters required
or necessary to give effect to this Act.
Family Protection and Domestic Violence Act 2014 SCHEDULE
Act No. 9 of 2014 Page 29
SCHEDULE
FORM 1
(Part 4)
APPLICATION FOR EMERGENCY, TEMPORARY, PROTECTION ORDER
(Delete whichever inapplicable)
Between
A.B. of
Complainant
and
C.D. of
Defendant
I……………………………………………………of……………………………………
being in a domestic relationship with the Defendant as the Defendant’s (state
relationship)……………………hereby apply for a ……………………….protection
order against the Defendant on the grounds that:
(State grounds here)
……………..
Complainant
Filed on this day of 20….
(Signature)…………………..
Court Registrar/Court Clerk of Island Court
SCHEDULE Family Protection and Domestic Violence Act 2014
Page 30 Act No. 9 of 2014
FORM 2
(Parts 4)
APPLICATION FOR EMERGENCY, TEMPORARYPROTECTION ORDER
Between
A.B. of
Applicant
and
C.D. of
Defendant
I…………………………………………..of………………………………applying on
behalf and with the consent of ………………………………………..(complainant)
of………………………………………. (address) who is in a domestic relationship
with…………………………… (name of Defendant) of……………..…….. (address)
as the Defendant’s (state relationship)…………………………………hereby apply for
a protection order against the Defendant on the grounds that:
(State grounds here)
....................................
Signature of Applicant
..........................................
Signature of Complainant
Filed on this day of 20…..
.................................................
Court Registrar/Court Clerk of Island Court
Hearing
Date:………
……
Time:……
……..
Family Protection and Domestic Violence Act 2014 SCHEDULE
Act No. 9 of 2014 Page 31
FORM 3
NOTICE OF PROCEEDINGS AND SUMMONS
No. of 20……
Between
A.B. of
Complainant
and
C.D. of
Defendant
To the Defendant…………………… (Name)….at…………………………… (address)
An application under section ……… (include relevant section) for a protection order,
variation, suspension, cancellation of protection order (delete where inapplicable) has
been made
by………………………………………………of……………………………. (address)
against you. A copy of the application is attached. The application has been set down
for hearing on…………….20................at…………………………. (place)
at……………hours.
You are hereby summoned to appear at the Court at ……………………………….on
the …………….day of………………….. 20.........at the.............. (time) to answer the
complainant / applicant.
If you do not appear in person at the hearing of the complaint/ application, the Court
may -
(a) deal with the complaint/ application in your absence; or
(b) issue a warrant for your arrest to be brought before the Court.
Dated………………… 20… .
......................................................................
Court Registrar/Clerk of the Island Court
(Note: Copy of Application attached)
SCHEDULE Family Protection and Domestic Violence Act 2014
Page 32 Act No. 9 of 2014
FORM 4
(Part 4)
PROTECTION ORDER
No. of 20
Between
A.B. of
Complainant
and
C.D. of
Defendant
The …………….Court at……………………having heard the complaint /application
(delete whichever inapplicable) made by……………………………… [name of
complainant] of……………………….under section……. the Family Protection and
Domestic Violence Act, Cap.? in respect of the conduct [or threatened conduct]
of…………………………………….. [name of defendant] towards
………………………………………….. [name of person(s) to be protected]:
Now the Court on this day orders that, for …………… [period]................ [name of
defendant] not to engage in the following conduct and to comply with the following
orders
1
:
Dated this day of 20
.........................................
(Judge/Magistrate)
1
Family Protection and Domestic Violence Act 2014 SCHEDULE
Act No. 9 of 2014 Page 33
FORM 5
(Part 4)
ORDER VARYING, SUSPENDING OR CANCELLING
PROTECTION ORDER
No. of 20
Between
A.B. of
Complainant
and
C.D. of
Defendant
The………………………… Court at…………………..having heard an application
made by..….......................………………. [name] of…....………………….(address)
under……………(section) of the Family Protection and Domestic Violence Act
Cap.?and on ………………………[date of original order], issued the following orders
against the defendant/complainant as specified on the attached order [attach copy of
original order].
Now the Court, on the application of …………………………………….(name)
of…………………………..………..(address) and having heard
the……………………...........……. [complainant or defendant] this …………day of
………………20…..orders that the Protection Order be (Varied/ Suspended /
Cancelled )(delete where inapplicable) as follows
2
:
[specify details of variation / suspension/cancellation here]
Dated…………………20….
............................
Judge/Magistrate
2
