|
|
THE PROTECTION AGAINST DOMESTIC VIOLENCE RULES, 2020
ARRANGEMENT OF RULES
| 3. |
Application for an order of protection.
|
| 4. |
Withdrawal or substitution of a complainant's representative.
|
| 5. |
Duties of enforcement officers.
|
| 6. |
Consideration in making orders of protection.
|
| 7. |
Interim orders of protection.
|
| 9. |
Service of applications.
|
| 11. |
Orders of protection.
|
| 12. |
Orders for compensation.
|
| 13. |
Applications for variation or setting aside of orders of protection.
|
| 19. |
Availability of forms.
|
SCHEDULES
THE PROTECTION AGAINST DOMESTIC VIOLENCE RULES, 2020
| 1. |
Citation.
These Rules may be cited as the Protection Against Domestic Violence Rules, 2020.
|
| 2. |
Filing a complaint.
| (1) |
A person who suspects that an act of domestic violence is being or has been committed may complain to a police officer or any other person in authority in Form PADV 1 set out in the Schedule.
|
| (2) |
The person to whom a complaint of domestic violence is made shall, subject to section 6 (1) of the Act—
| (a) |
assist the complainant or representative to fill out the relevant forms; and
|
| (b) |
enter the information received under paragraph (1) in a register kept and maintained for the purpose.
|
|
| (3) |
The person to whom a complaint is made shall assist the complainant or the victim or, where the victim is a child or physically, mentally, intellectually or sensory challenged person, the parent or guardian of the child or such challenged person, to apply for an order of protection.
|
|
| 3. |
Application for an order of protection.
| (1) |
An application for an order of protection shall be in Form PADV 2 set out in the Schedule.
|
| (2) |
A complainant may authorize his or her representative to apply for an order of protection on his or her behalf in Form PADV 3 set out in the Schedule.
|
| (3) |
A respondent may file in Court and serve a reply on the complainant or complainant's representative in Form PADV 7 set out in the Schedule within fourteen days of being served with an application for an order of protection.
|
| (4) |
The Court shall set down the matter for mention for directions within seven days of service of the reply by the respondent, at which time the Court shall address the following issues—
| (b) |
consolidation of applications;
|
| (c) |
filing further documents;
|
| (d) |
settlement on issues for determination;
|
| (f) |
fixing of a hearing date.
|
|
| (5) |
An application for an order of protection shall be supported by an affidavit and where the application is brought by the complainant's representative, the affidavit shall set out—
| (a) |
the relationship between the representative and the complainant;
|
| (b) |
the capacity in which the representative makes the application;
|
| (c) |
age of the complainant if the complainant is a child;
|
| (d) |
nature of the complainant's disability, if any; and
|
| (e) |
the facts that the representative is relying on to support the application.
|
|
|
| 4. |
Withdrawal or substitution of a complainant's representative.
At any time during the hearing of an application for an order of protection, or after the protection order has been issued—
| (a) |
the complainant may apply for the revocation of consent by the complainant to be represented by his or her representative in Form PADV 4 set out in the Schedule; or
|
| (b) |
the complainant's representative may give notice of his or her withdrawal from being the complainant's representative in Form PADV 5 set out in the Schedule.
|
|
| 5. |
Duties of enforcement officers.
An enforcement officer shall—
| (a) |
inform the applicant in a language the applicant understands of reliefs available under the Act;
|
| (b) |
inform the applicant of the applicant's right to lodge a criminal complaint against the respondent;
|
| (c) |
make available to the applicant the relevant application forms free of cost; and
|
| (d) |
explain to the applicant the contents of the forms in a language the applicant understands; and
|
| (e) |
help applicant to fill in the relevant forms.
|
|
| 6. |
Consideration in making orders of protection.
In determining whether to grant an order of protection, the Court may, subject to section 12(1) of the Act, take the following into consideration—
| (a) |
any violence inflicted by the respondent on the applicant or by the applicant on the respondent;
|
| (b) |
where the applicant and respondent have dependants, any violence inflicted on the dependents by either the respondent or applicant;
|
| (c) |
whether or not the respondent or applicant has been convicted of an offence that involves violence or the threat of violence;
|
| (d) |
the age and state of health of the applicant, respondent or any dependent;
|
| (e) |
the applicant's or respondent's perception of the risk to his or her safety or welfare due to the behaviour of the other party;
|
| (f) |
any evidence of deterioration in the physical, psychological or emotional wellbeing of the applicant or any dependent that has been directly caused by fear of the behaviour of the other party;
|
| (g) |
any incidences of substance abuse, including abuse of alcohol, by the respondent, applicant or a dependant; and
|
| (h) |
and any other matter which appears to the Court to be relevant to the safety or welfare of the applicant, the respondent or any dependant.
|
|
| 7. |
Interim orders of protection.
| (1) |
The Court, upon receipt of an ex parte application for interim protection orders, if satisfied by examining the evidence submitted that the respondent has committed, is committing or threatening to commit or abet an act of domestic violence, may issue an interim order of protection against the respondent.
|
| (2) |
Where the Court grants an ex parte interim order of protection, the applicant, or enforcement officer as may be directed by the Court in the order, shall, within seven days from the date of issuance, serve the order on the respondent and any other person against whom the order is issued.
|
|
| 8. |
Notice to show cause.
| (1) |
Pursuant to the provisions of section 12 (5) of the Act, the Court may issue a notice to show cause to the respondent in Form PADV 6 set out in the Schedule as to why an order of protection should not be issued against the respondent.
|
| (2) |
The respondent shall show cause as to why a protection order should not be issued within seven working days after being served with the notice.
|
|
| 9. |
Service of applications.
| (1) |
Where the representative of a child, who is not the child's parent or guardian, applies for an order of protection, the guardian or the parent of the child shall be served with the notice within three days of filing the application.
|
| (2) |
The Court shall not issue an order of protection unless it is satisfied that service under paragraph (1) has been effected or that reasonable efforts to serve the child's parent or guardian have failed.
|
|
| 10. |
Summons to appear.
| (1) |
Whenever a Court issues an interim order of protection ex parte, it shall summon the respondent to appear in accordance with section 12 (4) of the Act within five days of service, which summons shall be attached to the order.
|
| (2) |
If the respondent fails to appear in person at the time fixed for the hearing of the application, the Court may—
| (a) |
proceed to hear and determine the matter in the respondent's absence; or
|
| (b) |
if satisfied that it is appropriate to do so, adjourn the matter and issue a warrant for the police to arrest and bring the respondent before the Court.
|
|
|
| 11. |
Orders of protection.
The Court may, after hearing the parties, issue an order of protection pursuant to section 19 of the Act if the Court is satisfied that an act of domestic violance has been committed or is likely to be committed by the respondent.
|
| 12. |
Orders for compensation.
| (1) |
Where there is personal injury, financial loss, trauma, psychological damage, damage to movable or immovable property, or any possibility of such damage or loss as a result of an act of domestic violence, the complainant may file a claim for compensation -
| (a) |
along with the application for an order of protection order; or
|
| (b) |
separate from the application for an order of protection within three years after the act of domestic violence.
|
|
| (2) |
Where any party suffers injury, damage or loss as contemplated in paragraph (1), the Court may award such compensation in respect of the injury, damage or loss as it deems just.
|
| (3) |
The Court shall dispose of the application submitted under paragraph (1) within six months of it being filed.
|
| (4) |
A party claiming compensation shall provide proof of actual or projected loss or damage incurred by way of an affidavit in Form PADV 8.
|
| (5) |
The Court may make an order for lump sum payment or monthly payments of compensation.
|
| (6) |
The Court shall send a copy of the order for compensation to the parties and to the enforcement officer within the local limits of whose jurisdiction the respondent ordinarily resides or works.
|
| (7) |
Where the respondent is an employee, a copy of the compensation order shall be served upon the respondent's employer.
|
| (8) |
The enforcement of an order under these rules shall be in accordance with the Civil Procedure Rules, 2010.
|
|
| 13. |
Applications for variation or setting aside of orders of protection.
| (1) |
A party who is dissatisfied with an order of protection, or upon mutual agreement by the parties, may apply to the Court to discharge or vary the protection order.
|
| (2) |
An application for the discharge or variation of a protection order in terms of section 12 (5) of the Act shall be made in Form PADV 9 set out in the Schedule.
|
|
| 14. |
Service.
Order 5 of the Civil Procedure Rules, 2010 shall apply to these Rules with necessary modifications with respect to the service of anything that needs to be served under these Rules.
|
| 15. |
Disposal of cases.
The Court shall dispose of every application made under this Act within sixty days of the date of the application.
|
| 16. |
Appeals.
| (1) |
A party who is dissatisfied by an order or decision of the Court may appeal to the High Court within thirty days from the date of the order or decision.
|
| (2) |
An appeal under paragraph (1) shall be in Form PADV 10 set out in the Schedule.
|
| (3) |
The provisions of section 30 of the Act shall apply with respect to an appeal under these Rules.
|
| (4) |
An appeal under paragraph (1) shall be in accordance with Order 42 of the Civil Procedure Rules, 2010.
|
|
| 17. |
Time.
Notwithstanding any provisions of these Rules, the Court may make any orders in respect of time.
|
| 18. |
Costs.
Notwithstanding anything contained in these Rules, a Court may make such orders as to cost as it deems fit.
|
| 19. |
Availability of forms.
The forms prescribed under these Rules shall be made available for at no cost.
|
SCHEDULE
INFORMATION ON DOMESTIC VIOLENCE
|
