Kenya Act or statute

Parliament of Kenya

Protection Against Domestic Violence Act

Jurisdiction: Kenya
Structure: 34 provisions
Citation: Cap. 151
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“Short title: This Act may be cited as the Protection Against Domestic Violence Act.”

Short title: This Act may be cited as the Protection Against Domestic Violence Act. Defines "a person who applies for a protection order under this Act." Defines "domestic violence" as violence, threat of violence or imminent danger by a person with whom the victim has been in a domestic relationship; includes acts (single or patterned), psychological abuse, and specific child-related provisions. Defines 'domestic relationship' by enumerating connections (marriage, previous marriage, cohabitation, dissolved/null marriage, family member, engagement, shared child, close personal relationship), certain workplace/tenancy relationships, shared dwelling, and factors for assessing the relationship (time spent, place, manner, duration). Defines who counts as a 'family member', listing spouses, various categories of children, parents, siblings and several specified relatives and a residual 'any other relative ... regarded as a member of the family'.

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PRELIMINARY - 1. Short title.

Short title: This Act may be cited as the Protection Against Domestic Violence Act.

Section 1

PROTECTION ORDERS - 13. Power to make protection order.

The court has the power to make a protection order when a respondent has used domestic violence against the applicant or their child and an order is necessary for protection; a respondent who aids or abets such behaviour is treated as h…

Section 13

PROTECTION ORDERS - 22. Breach of protection order.

A respondent served with a protection order who contravenes it commits an offence and is liable to a fine not exceeding one hundred thousand shillings, or to imprisonment for a period not exceeding twelve months, or to both.

Section 22

MODE OF APPLICATION - 26. Procedure in third party applications.

If the victim (or, where the victim is a child or a person with specified disabilities, the person under section 10(2)) objects, the court must not start or continue hearing an application for a protection order made by someone other than the victim.

Section 26

MISCELLANEOUS PROVISIONS - 34. Provision on delegated powers.

The Rules Committee must make rules to regulate any matter of practice or procedure under this Act.

Section 34

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Showing 34 of 34 provisions

Provision 25Offence 6Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short title.Short title

Short title: This Act may be cited as the Protection Against Domestic Violence Act.

Section 1. Short title. Section This Act may be cited as the Protection Against Domestic Violence Act.

Section 1Verify source

§ 2PRELIMINARY - 2. Interpretation.Interpretation

Defines "a person who applies for a protection order under this Act."

Section 2. Interpretation. Section a person who applies for a protection order under this Act; or

Section 2Verify source

§ 3PRELIMINARY - 3. Meaning of domestic violence.Offence

Defines "domestic violence" as violence, threat of violence or imminent danger by a person with whom the victim has been in a domestic relationship; includes acts (single or patterned), psychological abuse, and specific child-related provisions.

Section 3. Meaning of domestic violence. Section 3(2) "Domestic violence", in relation to any person, means violence against that person, or threat of violence or of imminent danger to that person, by any other person with whom that person is, or has been, in a domestic relationship. Section 3(3)(a) causes or allows the child to see or hear the physical, sexual, or psychological abuse of a person with whom the child has a domestic relationship; or Section 3(3)(b) puts the child or allows the child to be put at risk of seeing or hearing the physical, sexual, or psychological abuse of a person with whom the child has a domestic relationship, but the person who suffers the abuse shall not be regarded as having caused or allowed the child to see or hear the abuse or as having put the child, or allowed the child to be put, at risk of seeing or hearing the abuse. Section 3(4)(a) a single act may amount to abuse; and Section 3(4)(b) a number of acts that form part of a pattern of behaviour may amount to abuse, even when some or all of those acts, when considered in isolation, may appear to be minor or trivial. Section 3(5) Behaviour may be psychological abuse for the purposes of subsection (1) even if it does not involve actual or threatened physical or sexual abuse. Section 3(6) Conduct constituting domestic violence does not by that reason alone cease to constitute an offence under any other law and any such conduct may, despite this Act, be dealt with in accordance with any other law.

Section 3Verify source

§ 4PRELIMINARY - 4. Meaning of domestic relationship.Provision

Defines 'domestic relationship' by enumerating connections (marriage, previous marriage, cohabitation, dissolved/null marriage, family member, engagement, shared child, close personal relationship), certain workplace/tenancy relationships, shared dwelling, and factors for assessing the relationship (time spent, place, manner, duration).

Section 4. Meaning of domestic relationship. Section 4(1)(a) is married to that other person; Section 4(1)(b) has previously been married to that other person; Section 4(1)(c) is living in the same household with that person; Section 4(1)(d) has been in a marriage with the other person which has been dissolved or declared null; Section 4(1)(e) is a family member of that other person; Section 4(1)(f) is or has been engaged to get married to that person; Section 4(1)(g) has a child with that other person; or Section 4(1)(h) has a close personal relationship with the other person. Section 4(2)(a) a landlord-tenant relationship; Section 4(2)(a)(i) a landlord-tenant relationship; Section 4(2)(a)(ii) an employer-employee relationship; or Section 4(2)(a)(iii) an employee-employer relationship, with that other person; and Section 4(2)(b) they occupy a common dwelling house (whether or not other people also occupy that dwelling house). Section 4(3)(a) an employer-employee relationship; or Section 4(3)(b) an employee-employer relationship with that other person. Section 4(4)(a) the amount of time the persons spend together; Section 4(4)(a)(i) the amount of time the persons spend together; Section 4(4)(a)(ii) the place or places where that time is ordinarily spent; Section 4(4)(a)(iii) the manner in which that time is ordinarily spent; and Section 4(4)(b) the duration of the relationship.

Section 4Verify source

§ 5PRELIMINARY - 5. Meaning of family member.Provision

Defines who counts as a 'family member', listing spouses, various categories of children, parents, siblings and several specified relatives and a residual 'any other relative ... regarded as a member of the family'.

Section 5. Meaning of family member. Section 5(1)(a) a spouse; Section 5(1)(b) a child including an adopted child, a step-child and a foster child; Section 5(1)(c) an adult son or daughter; Section 5(1)(d) a parent; Section 5(1)(e) a sibling; or Section 5(1)(f) any other relative of that person who, in the circumstances of the case, should be regarded as a member of the family. Section 5(2)(a) a father, mother, grandfather, grandmother, stepmother, stepfather, father-in-law or mother-in-law; Section 5(2)(b) an uncle, aunt, uncle-in-law or aunt-in-law of that person; Section 5(2)(c) a nephew or niece of that person; or Section 5(2)(d) a cousin of that person.

Section 5Verify source

Part II

PROTECTION ORDERS

§ 10PROTECTION ORDERS - 10. Application by person lacking capacity.Provision

Certain named persons may make an application on behalf of a person who lacks capacity.

Section 10. Application by person lacking capacity. Section 10(1)(a) lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or Section 10(1)(b) has the capacity to understand the nature, and foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of such matters. Section 10(2)(a) a police officer; Section 10(2)(b) an applicant's representative; or Section 10(2)(c) any other person with the leave of the court.

Section 10Verify source

§ 11PROTECTION ORDERS - 11. Application on behalf of certain persons.Provision

Any person may apply to the court to be appointed as a representative to apply for a protection order on behalf of a person who is entitled to a protection order but is incapable of applying.

Section 11. Application on behalf of certain persons. Section 11(1) This section applies to a person entitled to a protection order who is incapable of applying for a protection order and for whom it is necessary to make a protection order. Section 11(2) Any person may apply to the court to be appointed as a representative of the person referred to in subsection (1) for the purposes of applying for a protection order. Section 11(3)(a) the representative has reasonably ascertained the wishes of the victim; Section 11(3)(b) the victim consents to being represented; Section 11(3)(c) the appointment of the representative is in the best interest of the victim; Section 11(3)(d) the representative accepts his appointment in writing; and Section 11(3)(e) there is no conflict of interest between the victim and the representative.

Section 11Verify source

§ 12PROTECTION ORDERS - 12. Application without notice for protection order.Provision

The court can issue interim protection orders that may include directions or prohibitions; when the court issues an interim order it must attach a summons for the respondent; the court may instead require the respondent to show cause if the circumstances do not justify an interim order; interim orders remain in force until replaced, varied or revoked.

Section 12. Application without notice for protection order. Section 12(1)(a) a risk of harm; or Section 12(1)(b) undue hardship to the applicant or child of the applicant's family. Section 12(2)(a) the perception of the applicant or a child of the applicant's family, of the nature and seriousness of the respondent's behaviour; and Section 12(2)(b) the effects of that behaviour on the applicant or a child of the applicant's family. Section 12(3) An interim order may, where appropriate, contain any direction, prohibition or award which may be contained in a protection order issued under section 19 . Section 12(4) Whenever a court issues an interim protection order, the court shall issue a summons to appear in respect of the respondent which shall be attached to the order. Section 12(5) Where an application is made under this section and the court is satisfied prima facie that the respondent has committed, is committing or threatening to commit an act of domestic violence but that the circumstances do not justify or require the issue of an interim protection order, the court may issue a notice requiring the respondent to show cause why a protection order should not be made: Provided that an interim protection order shall remain in force until it is replaced by a protection order or varied or revoked by a competent court. Section 12(6) Section 22 applies to any person who fails to comply with the terms and condition of an interim protection order.

Section 12Verify source

§ 13PROTECTION ORDERS - 13. Power to make protection order.Provision

Section 13. Power to make protection order. Section 13(1)(a) the respondent is using, or has used, domestic violence against the applicant, or a child of the applicant's family or both; and Section 13(1)(b) the making of an order is necessary for the protection of the applicant or a child of the applicant's family or both. Section 13(2) For the purpose of subsection (1)(a), a respondent who aids or abets another person to engage in behaviour that, if engaged in by the respondent, would amount to domestic violence against the applicant or a child of the applicant's family or both, shall be regarded as having engaged in that behaviour personally. Section 13(3) Without limiting section 3 (4)(b), the matters that the court may consider in determining, for the purpose of subsection (1) (b), whether the making of an order is necessary for the protection of the applicant or a child of the applicant's family, or both where some or all of the behaviour in respect of which the application is made appears to be minor or trivial when viewed in isolation, or appears unlikely to recur, are whether the behaviour forms part of pattern of behaviour in respect of which the applicant or a child of the applicant family or both need protection. Section 13(4) For the avoidance of doubt, an order may be made under subsection (1) where the need for protection arises from risk of domestic violence of a different type from the behaviour found to have occurred for the purpose of paragraph (a) of that subsection. Section 13(5)(a) the perception of the applicant, or a child of the applicant's family or both, of the nature and seriousness of the behaviour in respect of which the application is made; and Section 13(5)(b) the effect of that behaviour on the applicant, or a child of the applicant's family, or both.

Section 13Verify source

§ 14PROTECTION ORDERS - 14. Counselling.Provision

The Court may direct the parties to take part in counselling and conciliation programmes (or any programme acceptable to the Court).

Section 14. Counselling. Section 14(1) The Court may, taking into account the circumstances of each case, direct the parties to participate in counselling and conciliation programmes or any other programme that is acceptable to the Court. Section 14(2) The counselling provided shall be aimed at ensuring respect for the law prohibiting domestic violence, the promotion of a protective environment for all within the family and the promotion of harmonious domestic relations between and among the parties.

Section 14Verify source

§ 15PROTECTION ORDERS - 15. Existence of other proceeding not to preclude granting of protection order.Provision

A court must not refuse to make a protection order just because there are other proceedings between or relating to the parties (including custody or access proceedings).

Section 15. Existence of other proceeding not to preclude granting of protection order. Section 15(1) A court shall not decline to make a protection order merely because of the existence of other proceedings (including, but not limited to, proceedings relating to custody of, or access to, a minor) between or relating to the parties, whether or not those proceedings also relate to any other person. Section 15(2) Despite the provisions of subsection (1), an application for a protection order shall not be a bar to criminal proceedings against a respondent.

Section 15Verify source

§ 16PROTECTION ORDERS - 16. Protection of dependants.Provision

When the court makes a protection order it must apply for the benefit of any child of the applicant's family; the court may also direct the order to benefit a particular person with whom the applicant has a domestic relationship subject to conditions in subsection (3).

Section 16. Protection of dependants. Section 16(1) Where the court makes a protection order, the order shall apply for the benefit of any child of the applicant's family. Section 16(2) Subject to subsection (3), where the court makes a protection order, it may direct that the order also apply for the benefit of a particular person with whom the applicant has a domestic relationship. Section 16(3)(a) the respondent is engaging, or has engaged, in behaviour that, if the respondent and the person were or, as the case may be, had been in a domestic relationship, would amount to domestic violence against the person; Section 16(3)(b) the respondent's behaviour towards the person is due, in whole or in part, to the applicant's domestic relationship with the person; Section 16(3)(c) the making of a direction under this section is necessary for the protection of the person; and Section 16(3)(d) where practicable, the person consents to the direction being made. Section 16(4) Section 12 (2) and (5) shall apply, with the necessary modifications, in respect of an application for a direction pursuant to subsection (2).

Section 16Verify source

§ 17PROTECTION ORDERS - 17. Protection from co-respondents.Provision

The court may direct that a protection order against a respondent also apply to a person who aids and abets the respondent.

Section 17. Protection from co-respondents. Section 17(1) Subject to subsection (2), where the court makes a protection order against the respondent, the court may also direct that the order apply against a person who aids and abets the respondent. Section 17(2) Section 12 (2) to (5) shall apply, with the necessary modification, in respect of an application for a direction pursuant to subsection (1).

Section 17Verify source

§ 18PROTECTION ORDERS - 18. Mutual orders.Provision

The court may grant a protection order for a respondent even if the respondent has not applied, when deciding an application.

Section 18. Mutual orders. Section Nothing in this Act shall be construed as preventing the court, in the course of determining an application, from granting a protection order, in favour of the respondent even though no application has been made by the respondent.

Section 18Verify source

§ 19PROTECTION ORDERS - 19. Contents of protection order.Provision

Lists behaviours a protection order may prohibit by the respondent (including physical, sexual, psychological, emotional, economic, cultural abuse; stalking; loitering; trespass), grants certain rights to the protected person (including exclusive occupation of shared residence and access to personal effects and necessities), and directs remedies the court may order (including payment of expenses or emergency relief, temporary custody, access to residence and other directions); also states factors the court may consider.

Section 19. Contents of protection order. Section 19(1)(a) physically or sexually abuse or threaten to abuse the protected person; Section 19(1)(b) damage, or threaten to damage, any property of the protected person; Section 19(1)(c) engage, or threaten to engage, in behaviour including intimidation or harassment, which amounts to psychological abuse of the protected person; Section 19(1)(d) encourage any person to engage in behaviour against the protected person where the behaviour, if engaged in by the respondent would be prohibited by the order; Section 19(1)(e) engage, or threaten to engage, in behaviour including intimidation, harassment or stalking which amounts to emotional, verbal or psychological abuse of the protected person; Section 19(1)(f) engage, or threaten to engage, in economic abuse of the protected person; or Section 19(1)(g) engage, or threaten to engage, in cultural or customary rites or practices that abuse the protected person. Section 19(2)(a) watch, loiter near, or prevent or hinder access to or from, the protected person's place of residence, business, employment, educational institution, or other place that the protected person visits often; Section 19(2)(b) stalk the protected person or stop or accost the protected person in any place; Section 19(2)(c) without the protected person's express consent, enter or remain on any land or building occupied by the protected person; Section 19(2)(d) where the protected person is present on any land or building, enter or remain on that land or building, in circumstances that constitute a trespass; or Section 19(2)(e) reasonably necessary in any emergency; Section 19(2)(e)(i) reasonably necessary in any emergency; Section 19(2)(e)(ii) permitted under any order or written agreement relating to custody of, or access to, any minor; or Section 19(2)(e)(iii) permitted under any special condition of the protection order. Section 19(3)(a) subject to subsection (6), grant to any protected person the right of exclusive occupation of the shared residence or a specified part thereof by excluding the respondent from the shared residence or the specified part thereof, regardless of whether the shared residence is solely owned or leased by the respondent or jointly owned or leased by the parties; Section 19(3)(b) require the respondent to permit any protected person to enter the shared residence, or to enter the residence of the respondent accompanied by any enforcement officer for the purpose of collecting the personal belongings of the protected person or persons; Section 19(3)(c) require the respondent to permit any protected person to have the continued use of necessities which had previously been ordinarily used by the protected person or persons; or Section 19(3)(d) give such other directions as may be necessary and incidental for the proper carrying into effect of any order made under paragraph (a), (b) or (c). Section 19(4)(a) the need to ensure that the protected person is protected from violence; Section 19(4)(b) the welfare of any child affected by the order; and Section 19(4)(c) the accommodation needs of all persons affected by the order. Section 19(5)(a) direct the respondent to pay all expenses or emergency monetary relief in respect to the applicants needs and those of any child or dependant of the respondent; Section 19(5)(b) award temporary custody of any child or dependant of the respondent to any person or institution and regulate access by the respondent to such child or dependant; Section 19(5)(c) direct the respondent to afford the applicant or dependant access to their place of residence and use of the facilities associated therewith; and Section 19(5)(d) direct the respondent to do or omit to do any act or thing which the court considers necessary or desirable for the well-being of the applicant or a dependant of the applicant. Section 19(6) Except so far as the exercise by the respondent of a right to occupy the shared residence, or to enter the alternative residence, may be suspended restricted, prohibited or restrained, by virtue of an order under subsection (3)(a) or (b), a protection order shall not affect any title or interest that the respondent or any other person might have in the said premises. Section 19(7)(a) revoked if a suitable alternative residence is found for the protected person or persons; or Section 19(7)(b) revoked or varied upon the court being otherwise satisfied that it is no longer necessary for securing the personal safety of the protected person or persons. Section 19(8) Where, pursuant to a direction made under section 18 , a protection order applies against a co-respondent, the provisions of this section shall, with necessary modifications, apply in respect of the co-respondent.

Section 19Verify source

§ 20PROTECTION ORDERS - 20. Further provisions relating to prohibitions of contact.Provision

The section explains when a protection order's non-contact condition is suspended, revived, and how consent and co-respondents affect those suspensions and revivals.

Section 20. Further provisions relating to prohibitions of contact. Section 20(1) The contents of a protection order specified in section 19 (2) in this section referred to as "the non-contact condition" shall have effect except where the protected person and the respondent are with the express, voluntary consent of the protected person living in the same dwelling house, taking into account the vulnerability relating to the protected person. Section 20(2) The non-contact condition shall automatically be suspended for any period during which the protected person and the respondent, with the express, free and voluntary consent of the protected person, live in the same dwelling house. Section 20(3) Where the non-contact condition is suspended in accordance with subsection (2), and the protected person subsequently withdraws his or her consent to the respondent living in the same dwelling house then (unless the protection order has been sooner discharged) the non-contact conditions shall automatically revive. Section 20(4)(a) become suspended in accordance with subsection (2) on one or more occasions; or Section 20(4)(b) revive in accordance with subsection (3) on one or more occasions. Section 20(5) Where, pursuant to a direction made under section 17 , a protection order applies against a co-respondent, the provisions of this section shall with necessary modifications, apply in respect of the co-respondent. Section 20(6)(a) free and voluntary consent of a person (other than the respondent or, as the case may be, the co-respondent) who is specified, in a special condition of the protection order, on the protected person's behalf, in relation to the matter; and Section 20(6)(b) withdrawal of consent by such a person in respect of an application for a direction pursuant to subsection (2). Section 20(7) In this section, where the protected person is a child, the court may, if satisfied that it is in the best interests of the child so to do, declare any purported consent to be null and void.

Section 20Verify source

§ 21PROTECTION ORDERS - 21. Duration of protection order.Provision

A protection order remains in force for the period the court specifies and may be reviewed from time to time.

Section 21. Duration of protection order. Section A protection order shall remain in force for such period as may be specified by the court and may be reviewed, from time to time, depending on the circumstances.

Section 21Verify source

§ 22PROTECTION ORDERS - 22. Breach of protection order.Offence

Section 22. Breach of protection order. Section A respondent who has been served with a copy of a protection order and who contravenes the order in any respect, commits an offence and is liable to a fine not exceeding one hundred thousand shillings, or to imprisonment for a period not exceeding twelve months, or to both.

Section 22Verify source

§ 23PROTECTION ORDERS - 23. Arrest for breach of protection order.Offence

A police officer may, without a warrant, arrest and detain any person if the officer reasonably believes the person committed an offence under section 22.

Section 23. Arrest for breach of protection order. Section 23(1) A police officer may, without warrant, if he or she believes on reasonable ground that any person has committed an offence under section 22 , arrest and detain the person. Section 23(2)(a) the risk to the safety of the protected person or property; Section 23(2)(b) the seriousness of the act that constitutes a breach; and Section 23(2)(c) the time that has lapsed since the alleged breach was committed.

Section 23Verify source

§ 6PROTECTION ORDERS - 6. Duties of police officers in relation to domestic violence.Provision

Police officers must advise complainants of available relief measures, inform them of their right to apply for relief and how to lodge criminal complaints; allow statement-takers of the same sex when desired; their power to enter premises is not limited; and authorities must provide training, reporting facilitation, and expedient processing.

Section 6. Duties of police officers in relation to domestic violence. Section 6(1)(a) advise the complainant of all relief measures available to the complainant, including access to shelter, medical assistance or they shall assist the complainant in any other suitable way; and Section 6(1)(b) advise the complainant of the complainant’s right to apply for relief under this Act and how the complainant may lodge a criminal complaint. Section 6(2) Where the complainant so desires, the person to whom the complainant makes a statement may be a person of the same sex as the complainant. Section 6(3) The provisions of this section shall not limit the power of a police officer to enter any premises under this Act or any other law. Section 6(4)(a) training police officers to deal with family related matters or domestic violence; Section 6(4)(b) facilitating the reporting process so that complainants may report to the police without fear or otherwise; and Section 6(4)(c) ensuring that complaints are processed expediently and efficiently.

Section 6Verify source

§ 7PROTECTION ORDERS - 7. Information on offences involving domestic violence.Offence

People who reasonably suspect domestic violence may report it to police or other persons in authority; attacking or harming someone who reports domestic violence is an offence; persons who disclose such information are protected from actions or proceedings except where the information is maliciously false; witnesses need not identify helpers; courts may order identifying information removed from documents.

Section 7. Information on offences involving domestic violence. Section 7(1) Any person who reasonably suspects that an offence of domestic violence is being or has been committed may give such information to the police officers or any other person in authority. Section 7(2) Any person who attacks, intimidates or harms a person who reports domestic violence commits an offence. Section 7(3) No action or proceeding, including disciplinary action, may be instituted or maintained against a person in respect of the disclosure of information made by the person to a person named under subsection (1). Section 7(4) Subsection (3) does not apply to any person who provides false information maliciously intended to injure another person. Section 7(5) In any proceeding under this Act, no witness shall be required to identify, or provide information that might lead to the identification of, a person who assisted or disclosed information about domestic violence. Section 7(6) In any proceedings under this Act, the court may order that information that identifies, or might lead to the identification of a person who assisted or disclosed the information concerning any violence is removed or concealed from any documents to be produced or inspected in connection with the proceedings.

Section 7Verify source

§ 8PROTECTION ORDERS - 8. Application for protection order.Provision

Persons in a domestic relationship may apply to the Court for a protection order; representatives may apply on behalf of eligible persons (children, persons covered by section 10, or persons unable to apply personally under section 10(1)(b)); applicant's representatives may apply with the court's leave and must seek that leave when applying under subsection (4).

Section 8. Application for protection order. Section 8(1) A person who is in a domestic relationship with another person may apply to the Court for a protection order in respect of that other person. Section 8(2) Where the person who is eligible to apply for a protection order is a child, the application may be made by a representative in accordance with section 9 (2). Section 8(3) Where the person who is eligible to apply for a protection order is a person to whom section 10 applies, the application may be made by an applicant's representative in accordance with that section. Section 8(4) An applicant's representative may, with the leave of the court, with or without the consent of the applicant, make an application for a protection order or any other order the court considers fit to award. Section 8(5) An applicant's representative who makes an application under subsection (4) shall seek the leave of the court together with such other orders as the court deems fit to award in the circumstances. Section 8(6) Where the person who is eligible to apply for a protection order is not a child but is unable, in the circumstances specified in section 10 (1) (b), to make the application personally, an application may be made on that person's behalf by a representative appointed in accordance with section 11 .

Section 8Verify source

§ 9PROTECTION ORDERS - 9. Application by children.Provision

A child may apply for a protection order; various listed persons may apply on the child's behalf; the court must not issue orders from such applications by others unless the child's parent or guardian has been served or reasonable efforts to serve them have failed; the court shall take account of the child's views; a person aged eighteen may apply with the court's leave.

Section 9. Application by children. Section 9(1) Subject to subsection (2), a child may make an application for a protection order under this Act. Section 9(2)(a) parent or guardian; Section 9(2)(b) a children officer; Section 9(2)(c) the Director of Children's Services: Section 9(2)(d) a police officer; Section 9(2)(e) a probation officer; Section 9(2)(f) a conciliator; Section 9(2)(g) any other person with the leave of the court; Section 9(2)(h) social welfare officer; Section 9(2)(i) a church or any other religious institution; or Section 9(2)(i)(i) a church or any other religious institution; or Section 9(2)(i)(ii) a non-governmental organization concerned with the welfare of victims of domestic violence; or Section 9(2)(j) a relative or neighbour. Section 9(3) Where an application has been made under subsection (2) by a person, other than a parent or guardian of a child, no orders shall be issued by the court unless the parent or guardian of the child has been served or the court is satisfied that reasonable efforts to serve such parent or guardian have failed. Section 9(4) Nothing in subsection (2) prevents a child on whose behalf an application for a protection order is made by a representative from being heard in the proceedings, and where the child expresses views on the need for and outcome of the proceedings, the court shall take account of those views to the extent that it thinks fit, having regard to the age and maturity of the child. Section 9(5) Subject to sections 10 and 11 , a minor who has attained the age of eighteen years may, with the leave of the court, make the application on his her own behalf, without a next friend or guardian ad litem, and orders may be made on the application, and enforced, as if the minor were of full age.

Section 9Verify source

Part III

MODE OF APPLICATION

§ 24MODE OF APPLICATION - 24. Application by victims of domestic violence.Offence

Victims of domestic violence may apply to the Resident Magistrates' Courts; applications must be supported by affidavit and may require investigation and findings from police, social workers, probation officers, medical practitioners, children officers or other appropriate persons to be forwarded to the court; the provision lists available reliefs, enforcement means, rights to lodge criminal complaints, and rights to claim compensation.

Section 24. Application by victims of domestic violence. Section 24(1) Jurisdiction for any proceedings under this Act shall be vested in the Resident Magistrates' Courts. Section 24(2)(a) be supported by the affidavit of any person who can depone to matters which are relevant to the application; and Section 24(2)(b) require the police, a social worker, probation officer, medical practitioner, children officer or other appropriate person or authority to investigate the acts or omissions of the domestic violence and forward findings directly to court as may be directed by the Court. Section 24(3)(a) reliefs available under this Act; Section 24(3)(b) effect of any order which may be granted and the means provided by the law for its enforcement under this Act; Section 24(3)(c) right to lodge a criminal complaint against the respondent if a criminal offence has been committed by the respondent; and Section 24(3)(d) right to claim compensation for any loss suffered or injury caused by any act of domestic violence.

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§ 25MODE OF APPLICATION - 25. Applications by other parties.Provision

If someone other than the victim applies for a protection order, that applicant must promptly serve a copy on the victim or, if the victim is a child or a challenged person, on the victim's parent or guardian.

Section 25. Applications by other parties. Section Where the application for a protection order is made by a person other than the actual victim of domestic violence, the person making the application shall, as soon as reasonably practicable after the making of the application, cause a copy thereof to be served on the victim personally or, where the victim is a child or physically, mentally, intellectually or sensory challenged person, on the parent or guardian of the child or such challenged person.

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§ 26MODE OF APPLICATION - 26. Procedure in third party applications.Commencement

Section 26. Procedure in third party applications. Section In any case where an application for a protection order is made by a person, other than the actual victim of domestic violence, the court shall not commence or continue the hearing of the application if the victim, or if the victim is a child or a physically, mentally, intellectually or sensory challenged person, the person referred to under section 10 (2), objects to the application being heard and determined.

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§ 27MODE OF APPLICATION - 27. Explanation of order.Provision

Section 27 requires the court to explain certain matters when making a proposed order and provides that an order is not invalid solely because the court did not explain a particular matter to the respondent.

Section 27. Explanation of order. Section 27(1)(a) the purpose, term and effect of the proposed order; Section 27(1)(b) the consequences that may follow if the respondent fails to comply with the terms of the proposed order; and Section 27(1)(c) the means by which the proposed order may be varied or revoked. Section 27(2) No order under subsection (1) shall be invalid for the reason only that the court did not explain any particular matter contained in the order to the respondent.

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§ 28MODE OF APPLICATION - 28. Persons who may be present during proceedings.Provision

Lists who may be present during proceedings and directs that a witness must leave if the court so directs; preserves the court's other powers to sit in private or exclude persons.

Section 28. Persons who may be present during proceedings. Section 28(1)(a) an officer of the court; Section 28(1)(b) parties to the proceedings and their advocates, if any; Section 28(1)(c) a representative, if any; Section 28(1)(d) witnesses; and Section 28(1)(e) any other person whom the court permits to be present. Section 28(2) A witness shall leave the courtroom if so directed by the court. Section 28(3) Nothing in this section shall limit any other power of the court to hear proceedings in private or to exclude any person from the court.

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§ 29MODE OF APPLICATION - 29. Evidence.Provision

The court may receive any evidence it considers appropriate in proceedings under this Act, including at hearings and appeals, to fairly determine the case.

Section 29. Evidence. Section In any proceedings under this Act, and during hearing in the first instance or during hearing of an appeal, or otherwise, the court may receive any evidence it thinks fit, for the fair determination of the case.

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§ 30MODE OF APPLICATION - 30. Appeal by respondent.Provision

The respondent may appeal to the High Court against a protection order within thirty days; the court that made the order may stay the order on the respondent's application pending the appeal.

Section 30. Appeal by respondent. Section 30(1) The respondent may appeal to the High Court against the making of a protection order or any term thereof within thirty days of the date of the order. Section 30(2) An appeal under subsection (1) shall not stay the operation of the order unless the respondent moves the court for an order of stay. Section 30(3) The court which made the order may, on the application of the respondent and taking into account the circumstances of the case, stay the operation of the order or any term thereof pending the decision of the appeal.

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§ 31MODE OF APPLICATION - 31. Restriction on reports of proceedings.Provision

Restricts publication in newspapers, broadcasts or other media of details (locality, particulars leading to identification, names, addresses) or pictures of victims or other persons in proceedings, with limited exceptions for bona fide professional/technical material and circulation among legal or medical professions, and states that publication under this section shall be made thirty days after the final determination of proceedings.

Section 31. Restriction on reports of proceedings. Section 31(1)(a) in any newspaper or broadcast proceedings containing the locality or any particulars calculated to lead to identification of the particular venue of the court or the name, address or any particulars calculated to lead to the identification on the victim or any other person in the proceedings either as a party to the proceedings or as a witness in the proceedings; or Section 31(1)(b) in a newspaper or by television or by any other means, any picture of the victim or other person concerned in the proceedings. Section 31(2)(a) in any newspaper or broadcast proceedings containing the locality or any particulars calculated to lead to identification of the particular venue of the court or the name, address or any particulars calculated to lead to the identification on the victim or any other person in the proceedings either as a party to the proceedings or as a witness in the proceedings; or Section 31(2)(b) in a newspaper or by television or by any other means, any picture of the victim or other person concerned in the proceedings. Section 31(3)(a) is of a bonafide professional or technical nature; and Section 31(3)(b) is intended for the circulation among members of the legal or medical professions. Section 31(4) A publication under this section shall be made thirty days after the final determination of proceedings.

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Part IV

MISCELLANEOUS PROVISIONS

§ 32MISCELLANEOUS PROVISIONS - 32. Compensation.Provision

If a victim of domestic violence suffers injury, property damage or financial loss, the court hearing a compensation claim may award compensation it considers just and reasonable.

Section 32. Compensation. Section 32(1) Where a victim of domestic violence suffers personal injuries or damage to property or financial loss as a result of the domestic violence, the court hearing a claim for compensation may award such compensation in respect of the injury or damage or loss as it deems just and reasonable. Section 32(2)(a) the pain and suffering of the victim, and the nature and extent of the physical or mental injury suffered; Section 32(2)(b) the cost of medical treatment for such injuries; Section 32(2)(c) any loss of earnings arising therefrom; Section 32(2)(d) the amount or value of the property taken or destroyed or damaged; Section 32(2)(e) lodging expenses to be contributed to a safe place or shelter; Section 32(2)(e)(i) lodging expenses to be contributed to a safe place or shelter; Section 32(2)(e)(ii) transport and moving expenses; Section 32(2)(e)(iii) the expenses required in setting up a separate household which, subject to subsection (3), may include amounts representing such housing loan payments or rental payments or part thereof, in respect of the shared residence, or alternative residence, as the case may be, for such period as the court considers just and reasonably necessary; Section 32(2)(f) the financial position of the victim as well as that of the respondent; Section 32(2)(g) the relationship that exists between the parties and the reasonableness of requiring the respondent to make or contribute towards such payments; or Section 32(2)(h) the possibility of other proceedings being taken between the parties and the matter being more appropriately dealt with under the relevant laws relating to the financial provision of spouses or former spouses and other dependants.

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§ 33MISCELLANEOUS PROVISIONS - 33. General provisions as to offences.Offence

When an offence is committed by a respondent against an applicant in the course of domestic violence, the court convicting the respondent must treat those circumstances as aggravating when assessing sentence.

Section 33. General provisions as to offences. Section 33(1) Where any offence, other than one referred to in this Act, is committed by a respondent upon an applicant during or in furtherance of the commission of any act of domestic violence, the court convicting the respondent thereof shall have regard to such circumstances as aggravating the offence committed, when assessing the sentence to be imposed. Section 33(2) For the avoidance of doubt, a prosecution under this Act or any other law shall not prevent the applicant from seeking protection or redress under this Act.

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§ 34MISCELLANEOUS PROVISIONS - 34. Provision on delegated powers.Provision

The Rules Committee must make rules to regulate any matter of practice or procedure under this Act.

Section 34. Provision on delegated powers. Section 34(1) The Rules Committee established under section 81 of the Civil Procedure Act (Cap. 21) shall make rules to regulate any matter of practice or procedure under this Act. Section 34(2)(a) the procedure to be followed and the forms to be used under this Act; Section 34(2)(b) the time within which documents are to be filed and served under this Act; and Section 34(2)(c) the contents of orders to be issued under this Act.

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