Section 3A: Protection order against a person living under same roof

3A. Protection order against a person living under same roof (1) Any person who has been the victim of an act of domestic violence by a person, other than his spouse, living under the same roof, and who reasonably believes that that person is likely to commit any further act of domestic violence against him, may apply to the Court, in Form AA of the Schedule, for a protection order restraining that person from engaging in any conduct which may constitute an act of domestic violence and ordering him to be of good behaviour towards the applicant. (2) Where an application for a protection order is made under subsection (1), the Court shall cause a notice of the application to be served on the respondent ordering him to appear before the Court on such day as may be specified in the notice, which shall not be later than 14 days from the date of the application, to show cause why the order applied for should not be made. (3) Subject to such Rules as may be made by the Chief Justice, an application for a protection order shall be heard in such manner as the Court may determine. (4) In determining an application for a protection order, the Court shall have regard to the following— (a) the need to ensure that the applicant is protected from domestic violence; (b) the welfare of any child affected, or likely to be affected, by the respondent’s conduct; (c) the accommodation needs of the applicant, his children, as well as those of the respondent and his children; (d) any hardship that may be caused to the respondent or to any of his children as a result of the making of the order; and (e) any other matter which the Court may consider relevant. (5) Where a protection order is made, the Court may further— (a) prohibit the respondent from— (i) contacting, harassing, threatening or intimidating the applicant; (ii) damaging property of the applicant; or (iii) causing or attempting to cause another person to engage in any conduct referred to in subparagraphs (i) and (ii); (b) specify the conditions on which the respondent may— (i) be on the premises on which the applicant resides or works or which he frequents; or (ii) approach or contact the applicant or his child. (6) (a) A protection order made under this section shall be in Form CA of the Schedule and shall remain in force for such period, not exceeding 24 months, as the Court may specify. P44 – 5 [Issue 7] Protection from Domestic Violence Act (b) Where a protection order contains a prohibition or condition of the kind specified in subsection (5), the Court may specify different periods, being periods none of which shall exceed 24 months, as the periods for which each prohibition or condition is to remain in force. (7) Where the Court is satisfied that there is a serious risk of harm being caused to the applicant before the application may be heard and that the circumstances revealed in the application are such as to warrant the protection of the Court even before the respondent is heard, the Court may— (a) issue an interim protection order in Form BA of the Schedule, restraining the respondent from engaging in any conduct which may constitute an act of domestic violence and ordering him to be of good behaviour towards the applicant; and (b) order the Commissioner of Police to provide police protection to the applicant until such time as the interim order is served on the respondent or for such time as the particular circumstances of the case may justify. (8) Where an interim protection order is i issue an interim protection order in Form BA of the Schedule, restraining the respondent from engaging in any conduct which may constitute an act of domestic violence and ordering him to be of good behaviour towards the applicant; and (b) order the Commissioner of Police to provide police protection to the applicant until such time as the interim order is served on the respondent or for such time as the particular circumstances of the case may justify. (8) Where an interim protection order is issued, the District Clerk shall immediately take steps to have a copy of the order served on the respondent requiring him to appear before the Court on such day as may be specified in the order to show cause why it should not be confirmed, varied or discharged. (9) An interim protection order shall, unless the Court directs otherwise, remain in force until such time as the Court makes a final pronouncement on the application for the protection order. (10) (a) Where a protection order is in force, either party may apply to the Court for a variation or revocation of the order. (b) The person applying for the variation or revocation of a protection order shall cause a copy of the application to be served on the other person concerned. (c) In determining whether to vary or revoke a protection order, the Court shall have regard to the matters specified in subsection (4). [S. 3A inserted by s. 5 of Act 11 of 2004 w.e.f. 19 June 2004; amended by s. 4 of Act 23 of 2007 w.e.f. 26 September 2011.]