• Legislation should create an emergency or ex parte order for protection as a vital aspect of a domestic violence law. An ex parte order for protection is based upon the assumption that the complainant/survivor is in danger of immediate harm and must be protected by the state. The safety of a complainant/survivor and her children should be the most urgent priority of the legislation.

For example, the law of Sierra Leone states that:

“(1) Where an application is made ex parte to the court for a protection order, the court shall issue an interim protection order if it considers the order to be in the best interest of the applicant.

(2) In determining whether it is in the best interest of the applicant to issue an interim protection order, the court shall take into account-

(a) whether there is a risk of harm to the applicant or a relation or friend of the applicant if the order is not made immediately…” Part III 12

Promising practice: The law of Namibia requires a court to issue an ex parte order if the court finds that domestic violence has been committed. Section 7 (1)

• Legislation should authorize the issuance of an emergency or ex parte order for protection based upon a court or police order, but without the necessity for a court hearing.  The complainant/survivor should be able to approach the court on her own to apply for an order for protection.

• Legislation should state that the statement of the complainant/survivor is sufficient for the court to grant the emergency order for protection. No other evidence should be necessary.

• The issuance of the emergency order for protection should occur very quickly to support the goal of victim safety.

For example, the law of Bulgaria, Ch. 2, S.18, states that:

Where the application or request contains data concerning a direct and impending threat to life or health of the victim, the regional court, sitting ex parte and in camera, shall issue an emergency protection order within 24 hours as from receipt of the application or request.   Ch. 2, S. 18 (1)

• If the legislation allows other family members or relevant law enforcement officials or other professionals, such as social service professionals, to apply for emergency or ex parte orders for protection on behalf of a complainant/survivor who is competent, legislation should require that the complainant/survivor be consulted. See: the Addendum to Administrative Procedure Code of Georgia, Article 21.12.

• The legislation should state that violation of the emergency or ex parte order for protection is a crime. See: the Elimination of Domestic Violence, Protection of and Support to Its Victims (2006) of Georgia, (hereinafter law of Georgia) Article 10: “Failure to comply with the conditions prescribed by protective and restrictive orders shall lead to criminal responsibility of the abuser.”

• The legislation should state that it is the duty of the police and the prosecutor to enforce the emergency or ex parte order for protection. See: UN Handbook, 3.10.4; law of Philippines, Sec. 30; and Family Violence: A Model State Code, 305, 306.

• Legislation should state that the authorities may not remove a survivor from the home against her will.

• The emergency or ex parte order should remain in effect until the longer-term protective order comes into effect after a full court hearing. Legislation should provide that upon the request of the respondent, a hearing may be promptly scheduled to review the application and to make a determination whether the order should remain in effect.