DOMESTIC VIOLENCE ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Application for Orders

   3   Power of Court to grant protection order or occupation order

 

Protection Orders

   4   Application for protection order

   5   Breach of protection order

   6   Duration and discharge of protection order

 

Occupation Orders

   7   Application for a grant of occupation order

   8   Ex parte application for occupation order

   9   Effect of occupation order

   10   Variation of discharge of occupation order

   11   Procedure relating to occupation orders

   12   Power of Court to make ancillary order

 

PART III
General

   13   Interim orders

   14   Conduct of proceedings

   15   Standard of proof

   16   Restriction of publication of proceedings

   17   Orders by consent

   18   Counselling

   19   Appeals

   20   Protection of mortgagee

   21   Matrimonial Causes Act

   22   Rules of Court

 

THE DOMESTIC VIOLENCE ACT

<TS:0.5,NM,NO>[Date of Commencement: 6th May, 1996]

<TS:0.5,NM,NO>Acts
15 of 1995,
32 of 2004.

PART I
Preliminary

1   Short title

   This Act may be cited as the Domestic Violence Act.

2   Interpretation

<TS:0.5,NM,NO>   In this Act-

   "applicant" means any person who applies or on whose behalf application is made, pursuant to this Act, for an order;

   "child" means a person who is under the age of eighteen years and who has neve been married, being-

[32/2004 s 2(a).]

   (a)   a child of both spouses who resides, or immediately preceding the date of the application was residing, in the household residence;

   (b)   a child of either spouse who resides, or immediately preceding the date of the application was residing, in the household residence and who is or was, living in the household as a child of the family;

   (c)   a child whether or not a child of a member of the household and-

         (i)   who is or has been a member of the household; or

[32/2004 s 2(b)(i).]

         (ii)   who resides in the household on a regular basis; or

         (iii)   of whom any member of the household is the guardian;

[32/2004 s 2(b)(ii).]

   "Court" means the Resident Magistrate's Court or the Family Court;

   "dependant" includes-

   (a)   a member of the family of a respondent being a person who is eighteen years of age or older and normally resides, or resides on a regular basis, with the respondent; and

   (b)   a person who, by reason of physical or mental disability, age or infirmity, is reliant on the respondent for his welfare or maintenance;

[32/2004 s 2(c).]

<FT:"Tms Rmn",SR>   "ex parte application" means an application made without notice to the respondent;

   "household residence" . . .

[32/2004 s 2(d).]

   "member of the household" means a person who normally resides, or resides on a regular basis, with the respondent and "member of the respondent's household" shall be construed accordingly;

[32/2004 s 2(f).]

   "occupation order" means an order made pursuant to section 7 and includes an interim order made under section 8;

   "prescribed person" means the spouse, a parent, a child or dependent of the respondent or any person who is a member of the respondent's household or iss in a visiting relationship with the respondent;

[32/2004 s 2(e).]

   "protection order" means an order made pursuant to section 4 and includes an interim order made under that section;

   "respondent" means a person who is named in an application made pursuant to this Act;

   "spouse" includes-

   (a)   a woman who cohabits with a man as if she were in law his wife;

   (b)   a man who cohabits with a woman as if he were in law her husband;

   (c)   a former spouse;

   "visiting relationship" means a relationship between a man and a woman who do not share a common residence, which is a close personal relationship by virtue of its nature and intensity having regard to-

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