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Content of post-hearing orders for protection

  • Legislation on the contents of protection orders should describe a wide range of available remedies to ensure safety and assistance to protection order applicants. Legislation should ensure that orders for protection inform the applicant of criminal and civil remedies in addition to the protection order. See The UN Handbook, 3.10.2.
  • Legislation on protection orders should provide for relief as the court deems necessary  to protect the safety of the applicant or the family of the applicant. (See Law of Guyana) Part II 7 (1); the Domestic Violence Act (2007) of Zimbabwe (hereinafter “Law of Zimbabwe”) Section 11(1) (i).

Example: The Law of Namibia states that, when determining the contents of a protection order, a court must consider, among other factors, the history of domestic violence by the respondent towards the complainant and the complainant’s perception of the seriousness of the respondent’s behavior. These factors may be important predictors of serious harm to complainants/survivors. Part II 7 (4) (a) and (d).

See: Lethality or risk assessments.

  • Legislation should contain provisions which prohibit the violent offender from further violence or from threatening to commit further violence, from contacting or going near the complainant/survivor and her dependents, from accessing the family home, and from possessing or purchasing a firearm.

 

Examples:

Under the Law of Albania, the content of protection orders includes the following provision on firearms:

Ordering the law enforcement officers to seize any weapons belonging to the perpetrator, found during police checks, or ordering the perpetrator to surrender any weapons belonging to them;. Ch III, Article 10, 1 (g).

The Anti-Gender-Based Violence Act (2011) of Zambia (hereinafter the “Law of Zambia”)section 15 states that a protection order may, at the request of the applicant or on the court’s own motion, include:

(b) a provision directing the respondent to surrender any firearm or other specified weapon in the possession of the respondent to the police, which may also include, if appropriate—

(i) a provision suspending any firearm licence in the name of the respondent for the duration of the protection order; or

(ii) a provision authorising the police to search for and seize any weapon at any specified place where there is probable cause to believe that the weapon may be located . . . .  

The Law of Guyana contains the following provision on the content of protection orders:

 6.(1) Subject to this Act, a protection order may-

(a)    prohibit the respondent from being on premises in which a person named in the order resides or works;

(b)    prohibit the respondent from being on premises that are the place of education of a person named in the order;

(c)    prohibit the respondent from being on premises specified in the order, being premises frequented by a person named in the order;

(d)    prohibit the respondent from being in a locality specified in the order;

(e)    prohibit the respondent from engaging in harassment or psychological abuse of a person named in the order;

(f)      prohibit the respondent from speaking or sending unwelcome messages to a person named in the order;

(g)    direct the respondent to make such contribution to the welfare of a person named in the order as the court thinks fit;

(h)    provide for custody and maintenance of children;

(i)      prohibit the respondent from taking possession of specified personal property, being property that is reasonably used by a person named in the order;

(j)        direct the respondent to return specified personal property that is in his possession or under his control which belongs to a person named in the order;

(k)      prohibit the respondent from causing another person to engage in the conduct referred to in paragraph (e), (f) or (i);

(l)        specify conditions subject to which the respondent may be on premises or in a locality specified in the order;

(m)    direct the respondent to do or to refrain from doing any other act or act which the court in the circumstances of the case considers relevant;

(n)      provide that the respondent seek appropriate counseling or therapy from a person or agency approved by the Minister, by notice published in the Gazette.

(2)  The court may make an order that includes a prohibition of the kind referred to in subsection (1)(a) or (i) notwithstanding any legal or equitable interests the respondent might have in the property comprising the premises or in the property to which the prohibition of the kind referred to in subsection (1)(i) relates.

 

  • Legislation should also include provisions which make it possible for a complainant/survivor to live independently from the abuser. Such provisions include granting the court or the police the authority to order the use of an automobile or other personal effects to the complainant/survivor. Legislation should allow courts to order financial assistance in the form of mortgage, rent, insurance, alimony and child support.

Example: The Law of India contains the following provision:

Monetary relief.-(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,-

(a) the loss of earnings;

(b) the medical expenses;

(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and

(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.

(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed. Ch. IV, 20

  • Legislation should include provisions which consider medical bills, counseling and shelter fees.

Example: The Law of Spain requires that judges who hear a[[;ocatopms fpr protection orders must receive training on issues of child custody, security, and economic support for survivors and their dependants.

 

Example: The Law of the Philippines includes  provisions that requires standardized application forms for  protection orders. Sections 11, 20.

 

(See: UN Model Framework, Part I 2 (k); and Role of the Judiciary, StopVAW, The Advocates for Human Rights.) 

For a detailed list of legislative provisions of a protection order,  see Family Violence: A Model State Code, Sec. 204, Sec. 305, 306; and UN Model Framework, IV B. 

For an example of a form, see Family Violence: A Model State Code, Sec. 302.