What does the process of applying for a domestic violence protection order involve? What happens when I apply?

After the social welfare officer has assisted you in submitting an application for a domestic violence interim protection order, you will go to the court the same day to ask for an interim protection order to be made. This will be done without notifying the respondent [1].

You will have to include the reasons why the court should deal with your application in the absence of the respondent. The court when deciding whether to hear your application without notice will take into consideration the risk of harm to you and your children if an interim protection order is not made immediately.

If you fear the your spouse or offender is likely to use violence against you again, ask the court to add a power of arrest to the interim protection order.

Women Hiding in Fear

If an interim protection order is made, the court will give a date for a full hearing to provide the opportunity for the respondent to attend court personally and explain the case before the court.

Within twenty-four (24) hours of the issuance of the interim protection order, the court will forward a copy of the order to the police officer in charge where the respondent resides. The police officer concerned shall file proof of service with the court within seven (7) days of service.

If your application for an interim protection order is refused by the court, the court shall ensure that a hearing takes place as soon as practicable.

On the day of the hearing, the respondent can dispute the allegations and disagree with your application or agree to a protection order being made.

After hearing the case, instead of or in addition to the issuing of the protection order, the court may take the advice of the social welfare officer and order one or more of the parties concerned be referred to a conciliatory body, rehabilitation therapy, psychotherapy or such other suitable reconciliatory counselling.

The court in making a domestic violence protection order can include different orders in it.

If you suffered personal injuries or damage to property or financial loss as a result of the domestic violence, the court hearing your claim for compensation may award compensation it deems just and reasonable.

  1. ^ A respondent is the person against whom a protection order is sought.

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Knowledge Base ID :   1044
Last Reviewed :   November 17, 2016
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