Legislation should provide for a protection order remedy that is independent of any other legal proceeding. The protection order is much like the emergency or ex parte protection order, but it should be issued after a full hearing where the respondent has an opportunity to be heard and the order should provide protection and assistance remedies for a longer period of time. It may provide for different or additional remedies than the emergency or ex parte order. The goals of victim safety and offender accountability remain paramount in both types of protection orders. Legislation on protection orders should provide that:
Spain: The Law of Spain, where violation of a protection order triggers a full hearing on increasing protection measures for complainant/ survivor.
South Africa: The Law of South Africa, which provides that prosecutors may not refuse to prosecute a violation of a protection order, or withdraw a charge based on a violation of a protection order, unless they have received authorization to do so from a Director of Public Prosecutions. Section 18 (1).
The United Kingdom Protection from Harassment Act (1997), which allows a court to place a restraining order on the defendant even if he is acquitted of a criminal offense, in order to offer protection to the survivor. This allows the use of evidence in a criminal court which would normally be admissible only in a civil court under UK law, thereby extending further protection to complainant/survivors. Sec. 5 (See: Combating violence against women: Stocktaking study on the measures and actions taken in Council of Europe member states (2006))
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