CHAPTER 28:05
DOMESTIC VIOLENCE

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

    3.    Jurisdiction of courts

    4.    Lodging and hearing of application

    5.    Service of documents

    6.    Nature of proceedings

PART II
Orders

    7.    Application for an order

    8.    Consideration of application

    9.    Interim order

    10.    Occupation order

    11.    Tenancy order

    12.    Validity of order

    13.    Variation and revocation of order

PART III
General

    14.    Third party interest in property subject to order

    15.    Effect of order on interest in property

    16.    Use of furniture, household effects, etc.

    17.    Rights not diminished by Act

    18.    Appeals

    19.    Offence and penalty

    20.    Register of applications, etc.

    21.    Regulations

Act 10, 2008,
S.I. 71, 2008.

An Act to provide for the protection of survivors of domestic violence and formatters connected therewith.

[Date of Commencement: 30th April, 2008]

PART I
Preliminary (ss 1-6)

1.    Short title

    This Act may be cited as the Domestic Violence Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "applicant" means any person who alleges to have been subjected to an act of domestic violence;

    "child" includes biological, adopted, step or any child in the care or custody of the applicant or respondent;

    "court" means a magistrates court of any rank, and includes a customary court which has been authorised, by statutory instrument, to hear a matter under this Act;

    "domestic relationship" means a relationship between an applicant and the respondent in any of the following ways—

    (a)    they are or were married to each other;

    (b)    they are or were cohabiting;

    (c)    they are a child of the applicant or respondent;

    (d)    they are family members;

    (e)    they would be family members related by affinity if the persons referred to in paragraph (b) were, or could be married to each other;

    (f)    they share or shared the same residence; or

    (g)    they are or were in an engagement, dating including an actual or perceived romantic, intimate or sexual relationship;

    "domestic violence" means any controlling or abusive behavior that harms the health or safety of the applicant and includes—

    (a)    physical abuse or threat thereof;

    (b)    sexual abuse or threat thereof;

    (c)    emotional, verbal or psychological abuse;

    (d)    economic abuse;

    (e)    intimidation;

    (f)    harassment;

    (g)    damage to property;

    (h)    where the applicant and the respondent do not stay in the same home, entry into the applicant's home without his or her consent;