How do I get a protection order?

If you are a victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence, the Domestic Violence Act allows you to apply for a protection order.

This is an order made by the court to prohibit an abuser from entering or staying in the home, workplace, place of education or any particular place that could affect a victim, such as chill-out spots or places that the victim frequently visits. Contrary to popular belief that only women can get a protection order, it must be noted that women, men and even children can do so.

BENEFITS OF A PROTECTION ORDER

As the name suggests, a protection order is protective in its nature and prohibits another party from doing anything that will further abuse the victim. The order will mandate that the abuser should not come within a certain distance from the victim, their home, their workplace, school or any area that is known to be frequented by the victim. Although it is beyond the victim’s control whether or not the abuser will comply, it will provide some peace of mind knowing that the abuser will be jailed if he/she should breach the court order.

Another benefit of a protection order is that it prohibits any form of communication with the abuser. Abuse might be physical or verbal or, in some instances, it might be constant phone calls to the workplace or to the cellphone. In these instances, a protection order may be applicable as merely blocking the abuser or reporting their respective social media pages may not be enough.

A protection order, because of its nature, can have collateral effects, as well such as

preventing a person from being considered fit and proper to carry a firearm or holding certain key positions in an organisation.

HOW TO APPLY

An application for a protection order is made in the Family Court for the Corporate Area or the parish court in the victim’s area. Upon visiting the court, the first point of contact will be with an intake counsellor who will complete an intake form that will outline the violence or the threats of violence. That form will then be passed to the clerk of court or the deputy clerk of court who will complete an application for protection order form (Form 2) and affidavit in support, on behalf of the applicant so that the matter can be brought before a judge as soon as possible. The applicant is usually given a summons with a court date for both parties to attend.

However, if the circumstances are very serious, then the court may hear the application ex parte, that is, the judge will hear the applicant alone and then grant an interim order which will state that the abuser is not to come within a certain distance of the victim. The order should be served on the abuser and becomes effective upon service.

If the interim order is granted, it is important not only to serve a copy of the order, but also notice of the court date, as a date will be set for a hearing of the application where both parties will appear and the court will determine whether there needs to be a trial if the parties cannot consent to the terms of the interim order. If the matter goes to a hearing and the court accepts the evidence of the victim, then the court will determine the specific orders to impose on the abuser.

Odane Marston is an attorney- at- law who specialises in conveyancing, administration, probate, recovery of possession, criminal litigation and divorce. Marston may be contacted via email Odanemarston@ gmail.com or telephone 876999-5391. This article is for general information purposes only and does not constitute legal advice.