Domestic Violence Act, 2010

Section Commencement Section This Act shall come into force on a date appointed by the Minister by statutory instrument.

Section Interpretation Section In this Act, unless the context otherwise requires — “ court ” means a magistrates court, a local council court or a family and children court; “ currency point ” means the value of a currency point specified in the First Schedule; “ domestic relationship ” means a relationship defined in section 3 ; “ domestic violence ” constitutes any act or omission of a perpetrator which— (a) harms, injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the victim or tends to do so and includes causing physical abuse , sexual abuse , emotional, verbal and psychological abuse and economic abuse ; (b) harasses, harms, injures or endangers the victim with a view to coercing him or her or any other person related to him or her to meet any unlawful demand for any property or valuable security; (c) has the effect of threatening the victim or any person related to the victim by any conduct mentioned in paragraph (a) or (b); or (d) otherwise injures or causes harm, whether physical or mental, to the victim ; “ economic abuse ” includes — (a) deprivation of all or any economic or financial resources to which the victim is entitle...

Section Domestic relationships Section A domestic relationship means a family relationship, a relationship similar to a family relationship or a relationship in a domestic setting that exists or existed between a victim and a perpetrator and includes a relationship where— A court shall, in making a determination under subsection (1) (f), have regard to— the victim is or has been married to the perpetrator ; the perpetrator and the victim are family members related by consanguinity, affinity or kinship; the perpetrator and the victim share or shared the same residence; the victim is employed by the perpetrator as a domestic worker or house servant and the victim does or does not reside with the perpetrator ; the victim is an employer of the perpetrator and does or does not reside with the perpetrator ; or the victim is or was in a relationship determined by the court to be a domestic relationship . the legal nature of the relationship; the amount of time the persons spend together; the place where the time is ordinarily spent; the manner in which that time is spent; and other than in the case of paragraph (a), the duration of the relationship.

Section Application for a protection order Section A victim or the representative of a victim may apply to a magistrates court for a protection order . The application for a protection order shall be supported by an affidavit and any reports or documents to be relied upon shall be attached to the application. The application shall be in Form 1 specified in the Third Schedule. The court shall, on receiving an application under this section, issue summons to the respondent directing him or her to appear in court on the date named in the summons in Form 2 specified in the Third Schedule. An application for a protection order shall be heard by the court within forty eight hours after the filing of the application. An application may be brought outside ordinary court hours or on a day which is not an ordinary court day, where the court is satisfied that the victim may suffer undue hardship if the application in not dealt with immediately.

Section Issue of interim protection order Section The court shall issue an interim protection order , where the court is satisfied that, prima facie — the perpetrator has committed, is committing or is threatening to commit an act of domestic violence ; and it is necessary or desirable to issue an immediate order to protect the victim from harm or discomfort or inconvenience, as a result of such domestic violence . An interim protection order may, where appropriate, contain any direction, prohibition or award. An interim order shall specify a hearing date for the application for a protection order . The maximum duration for an interim order is three months, but the court may prescribe a lesser period. The court shall serve the victim or the victim 's representative with a certified copy of an interim protection order or forward the order to the person responsible at the police station nominated by the victim or the victim 's representative. An application for a protection order shall not in any way bar criminal proceedings against a perpetrator . Where appropriate, the court may, in addition to any other remedy provided for under this Act, order that the victim and the perpetrator...

Section Issue of protection order Section The court shall supply a certified copy of a protection order issued under subsection (1) to — On the hearing date specified in an interim protection order , the court may issue a protection order where the court is satisfied that an act of domestic violence has been committed, is threatened or is being committed by the perpetrator . A protection order may be issued exparte if the court is satisfied that the perpetrator has been served with notice of the application for the order. A protection order shall be served upon the respondent immediately, but not later than forty eight hours. the victim or the victim 's representative; and the responsible person at the police station nominated by the victim or the victim 's representative.

Section Contents of protection order Section A protection order may, where appropriate— prohibit the perpetrator from committing or enlisting the help of another person to commit an act of domestic violence ; direct the perpetrator to stay away from the premises or place where the victim resides or any part of the premises, if the prohibition is in the best interest of the victim ; prohibit the perpetrator from entering or approaching any place or premises where the victim works, frequents, attends or any part of the premises or place; direct the perpetrator to pay maintenance in respect of the victim 's needs or the needs of any child or dependent of the perpetrator , including necessaries; award the temporary custody of any child or dependent of the perpetrator to any person or institution and regulate rights of access by the perpetrator to the child or dependant; direct the perpetrator to afford the victim or any child or dependent of the victim , access to their place of residence and use of the facilities associated with it; direct the perpetrator to do or omit to do any act or thing which the court considers necessary or desirable for the well being of the victim or any child...

Section Application for variation, revocation or discharge of orders Section A court may vary, revoke or discharge an interim protection order or a protection order on an application on notice by a complainant or respondent. Where an application is made under this section for the variation, revocation or discharge of an interim protection order or protection order , the court shall fix a hearing date as soon as practical but not later than thirty days after the filing of the application, except where there are special circumstances. Where the court is satisfied that good cause has been shown, it may vary, revoke or discharge any interim protection order or protection order or it may extend the order. The court shall give notice to interested parties of any revocation, variation or extension granted under this section. An application under this section shall be in Form 3 specified in the Third Schedule.

Section Issue of copies of orders Section A victim , a victim ’s representative or a police officer may apply to the court for a certified copy of an interim protection order or a protection order , if the copy which was previously issued is lost or destroyed.

Section Enforcement of orders Section Where the perpetrator breaches any term or condition of an interim protection order or a protection order , the victim or the victim ’s representative may apply to court for a remedy. An application made under subsection (1) shall be accompanied by one or more affidavits made by a person or persons who can depose to the facts alleged. The application under subsection (2) shall be in Form 4 specified in the Third Schedule. A person who fails to comply with the terms and conditions of an order commits an offence and is liable on conviction to a fine not exceeding fortyeight currency points or imprisonment not exceeding two years or to both. Notwithstanding subsection (4), the court may give any other remedy as it considers fit.

Section Jurisdiction of family and children court in relation to domestic violence Section Notwithstanding anything in this Act, a family and children court may hear and determine a matter of domestic violence under this Act, whether or not it involves a child. For the avoidance of doubt, a family and children court may issue an interim protection order or a protection order in the same manner as a magistrates court. In hearing matters of domestic violence, the family and children court shall apply the procedure prescribed by the Family and Children Court Rules, subject to the necessary modifications. For the avoidance of doubt, the Rules Committee may make rules for the practice and procedure of the family and children court in the exercise of its jurisdiction under this section. Pending the making of rules of court under this section to regulate the exercise by the family and children court of the jurisdiction conferred upon it by this section, sections 11 to 16 of this Act, shall, with necessary modifications apply to the family and children court. Subject to any rules of court made under this section, Forms 5,6,7 and 8 specified in the Third Schedule shall apply as appropriate...

Section Prohibition of domestic violence Section A person in a domestic relationship shall not engage in domestic violence . A person in a domestic relationship who engages in domestic violence commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or to both. The court may, in addition to imposing a fine or imprisonment, order the offender in a case of domestic violence to pay compensation to the victim of an amount determined by the court . In determining the compensation under subsection (3), the court shall be guided by the principles in the Second Schedule.

Section Consent not a defence in domestic violence Section The consent of the victim shall not be a defence to a charge of domestic violence under this Act.

Section Proceedings in local council courts Section In recording a case of domestic violence , the local council court shall record the following matters— A local council court may, in the exercise of its jurisdiction under this section, make any of the following orders for the victim or against the perpetrator — The local council court shall make a written referral to the police and the magistrates court where— A complaint of domestic violence may be made to a local council court where the victim or perpetrator resides. Upon receipt of a complaint, the court shall make a record of the complaint and proceed to hear the matter in the manner prescribed under the Local Council Courts Act, 2006. the name, sex, age, tribe, religion and disability, if any and the occupation and marital status of both the victim and perpetrator ; the name, sex, age, tribe, religion and disability, if any and occupation of the victim ’s representative if any, and the capacity in which the complaint is made; the usual place of residence of the victim and the perpetrator ; the names, sex and ages of the children of the victim and the perpetrator , if any; the nature of the alleged domestic violence ; the dat...

Section Duties of police officers Section A police officer to whom a complaint of domestic violence is made or who investigates the complaint shall— Notwithstanding section 6 , a complaint may be made to a police officer. assist the victim , including giving assistance or advice in obtaining shelter; where signs of physical or sexual abuse are evident, ensure that the victim undergoes a medical examination and receives medical treatment; advise the victim of the right to apply for relief under this Act and the right to lodge a criminal complaint; and offer procedural guidance and any assistance as may be necessary to ensure the well being of the victim , the victim ’s representative and other witnesses. A police officer may record a statement by the victim or the victim ’s representative on the nature of the domestic violence . Where a victim or victim ’s representative desires, the statement on the nature of domestic violence shall be taken by a police officer of the same sex as that of the victim .

Section Duties of a practitioner Section A practitioner who reasonably suspects that a person under his or her care is a victim of domestic violence shall assist the victim in the following manner— offer the requisite medical assistance to the victim ; accurately document the visit of the victim ; inform the victim of options available within the judicial system to the victim ; or make himself or herself available to testify in court regarding the case where necessary.

Section Jurisdiction of magistrates courts Section Every magistrates court may hear and determine a matter of domestic violence under this Act. The Court may, in the exercise of its jurisdiction under subsection (1), issue a protection order . In hearing matters of domestic violence , the magistrates court shall apply the procedure prescribed by the Family and Children Court Rules.

Section Appeals Section The procedure for appeals under this Act shall, with the necessary modifications, be that provided for in the Local Council Courts Act, 2006, the Civil Procedure Act and the Magistrates Courts Act.

Section Regulations Section The Minister may make regulations for the better carrying into effect of the provisions of this Act.

Section Amendment of schedules Section The Minister may, by statutory instrument with the approval of the Cabinet, amend the First Schedule. The Minister may, by statutory instrument, amend the Second and Third Schedules.