Domestic Violence Bill 2015

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2015

ANTIGUA AND BARBUDA

ANTIGUA AND BARBUDA 3rd Draft 02/10/15

DOMESTIC VIOLENCE BILL

2015, NO.

Domestic Violence Bill

2015, No.

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DOMESTIC VIOLENCE BILL

ARRANGEMENT OF CLAUSES

PART I

PRELIMINARY

1. Short title and commencement

2. Interpretation

3. Duty to inform victim and applicant of rights

4. Arrest by police officer without warrant

PART II

PROTECTION ORDERS

5. Application for protection order

6. Power of Court to grant Interim Protection Order

7. Terms of Protection Order

8. Matters to be considered by Court

9. Undertaking from respondent

10. Seizure of firearm and dangerous weapons

11. Service of notice of proceedings

12. Validity of Interim Protection Order

13. Power to grant Final Protection Order

14. Explanation of orders

15. Service of orders

16. Service other than personal service

PART IIII

VARIATION AND REVOCATION OF INTERIM PROTECTION ORDER AND FINAL

PROTECTION ORDER

17. Variation and revocation of orders

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PART IV

ENFORCEMENT OF ORDERS

18. Breach of orders

PART V

POLICE POWERS OF ENTRY AND ARREST

19. Duties of police officers

20. Issue of warrant

21. Police powers of arrest without warrant

22. Duty of police officer to assist victims

23. Warrant of arrest and procedure upon arrest of respondent where Court issues Interim

Protection Order

24. Powers of arrest where a Final Protection Order is in force

25. Existing criminal law to apply

PART VI

GENERAL

26. Conduct of proceedings

27. Evidence

28. Standard of proof

29. Restriction of publication of reports

30. Orders by consent

31. Appeals

32. Protection of mortgage

33. Rules of the Court

34. Property rights

35. Obligation to report ill-treatment of children

PART VII

PROVISIONS RELATING TO BAIL

36. Bail

PART VIII

OFFENCES AND PENALTIES

37. Offences

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PART IX

REGULATIONS

38. Regulations

PART X

REPEALS AND TRANSITIONALS

39. Repeal

40. Definitions for Part X

41. Domestic violence order to continue to have effect

42. Application for protection order

43. Domestic violence committed before commencement

44. Application for variation of domestic violence order

45. Application for revocation of domestic violence order

46. Service and other things done in relation to continued applications

47. Appeal

48. Restriction on publication of proceedings

49. Restriction on obtaining copies of documents

50. References to repealed Act

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ANTIGUA AND BARBUDA

DOMESTIC VIOLENCE BILL

No. of 2015

An Act For

AN ACT to provide greater protection for victims of domestic violence and to make provision for

the granting of protection orders and for matters incidental thereto and connected therewith.

[ ]

ENACTED by the Parliament of Antigua and Barbuda as follows:

PART I

PRELIMINARY

1.Short title and commencement

(1) This Act may be cited as the Domestic Violence Act 2015.

(2) The Minister may by Notice published in the Gazette appoint a date on which this Act

comes into force.

2.Interpretation

In this Act-

“applicant” means a person, including a child, who is or has been in a domestic relationship

with the respondent and who makes an application pursuant to section 5;

“approved social worker or advocate” means a person experienced or qualified in social

welfare and approved by the Minister in writing;

“child” includes a person under the age of eighteen years who ordinarily or periodically

resides with the applicant, whether or not the child is a child of the applicant and the

respondent or either of them, and an adopted child, a stepchild, or a child who is treated as a

child of the family;

“Clerk” means the Clerk or Deputy Clerk of the Court ;

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“cohabitant” means a person who is living or has lived with a person of the opposite sex as a

husband or wife although not legally married to each other;

“dependant” includes a person over the age of eighteen years who by reason of physical or

mental disability, age or infirmity is reliant on either the applicant or the respondent for his or

her welfare; or who is over the age of 18 years but is under the age of 25 years and is

receiving full time education at an educational institution or undergoing training for a trade,

profession or vacation.

“Commissioner of Police” means the Commissioner of Police appointed pursuant to Police

Act, Cap. 330;

“Court” means the Magistrates court or any other court of competent jurisdiction;;

“cyberstalking” means the use of the Internet or other electronic means to stalk or harass a

person and in particular includes:

(a) using any lewd, lascivious, indecent, or obscene words, images, or language, or

suggesting the commission of any lewd or lascivious act anonymously or repeatedly

whether or not conversation occurs; or

(b) threatening to inflict injury on the person or property of the person communicated

with or any member of his or her family or household;

with intent to harass, intimidate, torment, or embarrass a person.

“domestic relationship” means a relationship between an applicant and a respondent in any of

the following ways-

(a) they are or were married to each other, including marriage according to any law,

custom or religion;

(b) they cohabit or cohabited with each other in a relationship of some permanence;

for that child, whether or not at the same time;

(d) they are family members related by consanguinity, affinity or adoption;

(e) they would be family members related by affinity if the persons referred to in

paragraph (b) were, or were able to be married to each other;

(f) they are or were in an engagement, dating or visiting relationship which includes but

is not limited to an actual or perceived romantic, intimate or sexual relationship of

any duration; or

(g) they share or shared the same household or residence;

“domestic violence” means:

(1) any controlling or abusive behaviour that harms the health, safety or well-being of the

applicant or any child in the care of the applicant and includes but is not limited to the following-

(a) physical abuse or threats of physical abuse;

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(b) sexual abuse or threats of sexual abuse;

(d) economic abuse;

(e) intimidation;

(f) harassment;

(g) stalking;

(h) damage to or destruction of property; or

(i) entry into the applicant’s residence without consent, where the parties do not share

the same residence.

(2) For the purposes of the definition of domestic violence, threats, intimidation, harassment

or stalking include threats, intimidation harassment or stalking or and cyberstalking on the Internet

or by electronic means.

“economic abuse” includes-

(a) the deprivation or threatened deprivation of any or all economic or financial

resources to which the applicant is entitled under the law or which the applicant

requires out of necessity, including household necessities for the applicant and any

child, and mortgage bond repayments of the shared household; or

(b) the disposal or threatened disposal of household effects or other property in which

the applicant has an interest;

“emergency monetary relief” includes-

(a) compensation for monetary losses suffered by the applicant and any child at the time

of the issue of an Interim Protection Order as a result of domestic violence;

(b) loss of earnings;

(d) moving and accommodation expenses; or

(e) interim expenses;

“emotional, verbal and psychological abuse” means degrading or humiliating conduct by the

respondent to the applicant and includes-

(a) repeated insults, ridicule or name calling;

(b) repeated threats to cause emotional pain;

constitute serious invasion of the applicant’s privacy, liberty, integrity or security;

“firearm” shall have the meaning assigned to it in the Firearms Act, Cap. 171;

“harassment” includes-

(a) engaging in a pattern of conduct that induces the fear of harm ;

(b) watching or loitering outside of or near the building or place where the applicant

resides, works or carries on business, studies or happens to be;

calls to the applicant, whether or not the conversation ensues;

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(d) repeatedly sending electronic mail or text messages to the applicant;

(e) repeatedly sending, delivering or causing the delivery of letters, packages,

facsimiles, or other objects to the applicant’s home or place of work;

“Interim Protection Order” means an order made pursuant to section 6;

“intimidation” means uttering, conveying or causing any person to receive a threat which

induces fear;

“Minister” means the Minister responsible for Social Services;

“order” means an Interim Protection Order or a Final Protection Order;

“police officer” has the meaning assigned to it in the Police Act, Cap. 330;

“physical abuse” means any act of assault;

“prescribed” means prescribed by the Regulations made pursuant to the provisions of this

Act;

“protection order’ means an order made pursuant to section 6; and a final Protection Order

issued pursuant to section 13;

“respondent” means a person who is or has been in a domestic relationship with the applicant

and against whom the applicant has obtained or is endeavouring to obtain an order pursuant to

section 6 or section 13;

“sexual abuse” means any sexual conduct that abuses, humiliates, degrades or otherwise

violates the sexual integrity of the applicant;

“shared household” means a household where the applicant and the respondent live or lived

together in a domestic relationship;

“stalking” includes the repeatedly following, pursuing or accosting of the applicant;

“victim” means any person whom alleges to have been subjected to an act of domestic

violence;

3. Duty to inform victim and applicant of rights

(1) A police officer, at the scene of an incident of domestic violence, or when the incident of

domestic violence is reported shall-

(a) inform the victim of his or her rights in the manner as stated in Schedule I; and

(b) hand a printed copy of the information relating to the right of the victim pursuant to

paragraph (a) as soon as possible thereafter .

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4.Arrest by police officer without warrant

Subject to section 21, a police officer may arrest a person at the scene of an incident of domestic

violence, without a warrant, whom he or she reasonably suspects of having committed an offence

containing an element of violence.

PART II

PROTECTION ORDERS

5. Application for protection order

(1) An applicant may apply to the Court for an Interim Protection Order pursuant to section 6

in accordance with Form I in Schedule II, on the ground that the respondent has engaged in

domestic violence.

(2) The Clerk shall inform the applicant that they may seek assistance from the Directorate

of Gender Affairs.

(3) The application referred to in subsection (1) shall be made by way of an affidavit in

which shall be stated-

(a) the facts on which the application is based;

(b) the nature of the order applied for;

the protection order.

(4) Notwithstanding the provisions of any other law, an application made pursuant to

subsection (1) may be brought on behalf of the applicant by any other person, who has a material

interest in the well-being of the applicant, including a police officer, a social worker or advocate,

save and except that the application shall be brought with the consent of the applicant, except in

circumstances where the applicant is-

(a) a child;

(b) physically or mentally incapacitated by unsoundness of mind or a disability;

(d) under the influence of intoxicating liquor or drugs.

(e) uncooperative but there exists credible information on which the case may be

pursued

(5) Pursuant to subsection (4) (a) a child may apply for a protection order through-

(a) a person with whom the child normally resides or resides with on a regular basis or

any adult member of his or her household; or

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(b) a parent or guardian or a person who is in loco parentis to the child.

(6) The application referred to pursuant to subsection (1) may be brought outside the

ordinary hours of the Court or on a day which is not an ordinary day for the sitting of the Court.

(7) The application made pursuant to subsection (1) may be accompanied by supporting

affidavits of persons who have knowledge of the matter concerned.

(8) The applicant may request that his or her physical address be omitted from the protection

order.

(9) The application and affidavits shall be lodged with the Clerk of the Court who shall

forthwith submit the application and the affidavits to the Court.

(10) In considering the application made pursuant to subsection (1), the Court-

(a) may require further oral evidence or evidence by affidavit; and

(b) shall record any oral evidence referred to in paragraph (a).

6. Power of Court to grant Interim Protection Order

(1) The Court may make an Interim Protection Order on an ex parte basis, pending the

hearing and determination of the proceedings, if it appears necessary or appropriate to do so in

order to ensure the safety and protection of the applicant.

(2) Where the Court is satisfied that the respondent is committing, or has committed or is

likely to engage in conduct that would constitute an act of domestic violence, the Court shall grant

an Interim Protection Order against the respondent, in accordance with Form II in Schedule II.

(3) In exercising his or her powers pursuant to the provisions of this section, the Court shall

not refuse to grant an Interim Protection Order by reason of the fact that the respondent has not

been given notice of the proceedings.

(4) An Interim Protection Order granted pursuant to subsection (1) shall call upon the

respondent to show cause on the return date specified in the Interim Protection Order as to why the

Interim Protection Order should not be confirmed.

(5) The return date referred to in subsection (4) shall not be less than ten days after service

has been effected upon the respondent pursuant to provisions of section 11.

(6) An Interim Protection Order may be made for such period of time as the Court considers

necessary but shall not exceed thirty days.

(7) An Interim Protection Order is automatically extended for a period of fifteen days where

the Court is unable to hear and determine the proceedings before the expiry of the period in sub-

section (6).

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7. Terms of Protection Order

(1) In granting an Interim Protection Order pursuant to section 6 or a final Protection Order

pursuant to section 13, the Court may prohibit the respondent from-

(a) committing any act of domestic violence;

(b) enlisting the help of any person to commit any such act of domestic violence;

prohibition only if it appears to be in the interests of the applicant or any child;

(d) entering a specified part of the shared household;

(e) entering the residence of the applicant;

(f) entering the place of employment of the applicant;

(g) entering the place of schooling or care of any child;

(h) preventing the applicant or any child who ordinarily lives or lived in the shared

household from entering or remaining in the shared household or a specified part of

the shared household;

(i) taking possession of, damaging, converting or otherwise dealing with property that

the applicant may have an interest in, or is reasonably used by the applicant as the

case may be;

(j) approaching the applicant within a specified distance; or

(k) committing any other act as specified in the order.

(2) In addition to the conditions stated in subsection (1), the Court may -

(a) direct that any or all of the conditions of an order be applied for the benefit of a

child;

(b) direct that the respondent-

(i) return to the applicant, specified property that is in his or her possession or

under his or her control;

(ii) pay emergency monetary relief to the applicant;

(iii) pay interim monetary relief to the applicant for the benefit of the child or

children, where there is no existing order relating to maintenance until such time

as an obligation for support is determined, pursuant to the provisions of any

other law;

(iv) immediately vacate any shared household for a specified period , whether or not

the shared household is owned or leased by the respondent and the applicant, or

solely owned or leased by the respondent or the applicant;

(v) make or continue to make payments in respect of rent or mortgage payment for

premises occupied by the applicant having regard to the financial needs and

resources of the parties; or

(vi) applicant or both, receive professional counselling or therapy from a person or

an agency or from a programme which is approved by the Department

responsible for Social Services.

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(3) Notwithstanding the foregoing, the Court may impose any additional conditions which it

deems reasonably necessary to provide and protect the safety of the applicant, a child or children,

including but not limited to an order that a police officer shall accompany the respondent to a

specified place to supervise the collection of personal property.

(4) The Court may direct that any or all of the prohibitions or conditions contained in an

Interim Protection Order or a final Protection Order apply for the benefit of a child.

(5) The Court may-

(a) refuse the respondent contact with any child if it is shown that such contact is not in

the best interests of the child; or

(b) order structured contact with any such child.

(6) Subject to section 25, the Court shall not refuse to grant an Interim Protection Order or a

final Protection Order on the basis that a single act has been committed or a single threat has been

made by the respondent, or on the basis that the acts or threats when viewed in isolation, appear to

be minor or trivial.

(7) Where pursuant to subsection (2) (b) (vi) the Court makes an order which inter alia

directs counselling, the Order shall specify-

(a) that the Court receive written notification from the counsellor or therapist of sessions

missed by the applicant, the respondent or both, as the case may be without

reasonable excuse; and

(b) the date by which the counsellor or therapist shall submit a report to the Court in

respect of the counselling or therapy, such report to include a prognosis for recovery.

(8) Where the Court makes an Order which inter alia,-

(a) directs that the respondent vacate any shared household; or

(b) directs the respondent to return to the applicant any specified property that is in his

or her possession or control,

the Court may, in the same Order, if it is in the opinion of the Court necessary, and

notwithstanding any other law, direct a police officer to remove the respondent either immediately

or within a specified time from the shared household, or to accompany the applicant, as the case

may be, either immediately or within a specified time to specified premises, in order to supervise

the removal of property belonging to the applicant and to ensure the protection of the applicant.

8.Matters to be considered by Court

In determining whether or not to impose one or more of the prohibitions specified in section 7, the

Court shall have regard to the following-

(a) the nature, history, or pattern of the domestic violence that has occurred and whether

a previous Interim Protection Order or a final Protection Order has been issued;

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(b) the need to protect the applicant and any other person for whose benefit the order has

been granted from further domestic violence;

(d) the accommodation needs of the applicant and any other person;

(e) the hardship that may be caused as a result of making the order;

(f) the income, assets and financial obligations of the respondent, the applicant and any

other person affected by the order;

(g) any other matter, that in the circumstances of the case, which the Court considers

relevant.

9. Undertaking from respondent

(1) In any proceedings pursuant to the provisions of this Act, the Court may at any time

before the taking of evidence, accept an undertaking from the respondent given on oath, that the

respondent shall not engage in conduct specified in the application or any other conduct that

constituted domestic violence.

(2) Where an undertaking is given pursuant to subsection (1) the Court shall make an Interim

Protection Order or a final Protection Order, as it deems fit, in respect of the undertaking.

(3) An undertaking may deal with all matters that may be dealt with under an Interim

Protection Order or a final Protection Order as the Court sees fit, having regard to the matters

referred to in section 8.

(4) An undertaking shall remain in force for the period stated in the undertaking, but shall not

exceed three years.

(5) Sections 14, 15, 16, Part IV and Part V shall apply in relation to an undertaking as they

do to an Interim Protection Order or a final Protection Order.

10. Seizure of firearm and dangerous weapons

(1) The Court may make an Order directing a police officer to seize any firearm or dangerous

weapon in the possession of the respondent, if the affidavit made pursuant to section 5 (3) contains

information to the effect that-

(a) the respondent has threatened or expressed the intention to kill or injure any person,

including him or herself, by means of the said firearm or dangerous weapon; or

(b) possession of the said firearm or dangerous weapon is not in the best interests of the

respondent or any other person as a result of the respondent’s-

(i) state of mind or mental condition;

(ii) inclination to violence, whether a firearm or a dangerous weapon was used in

the violence or not; or

(iii) the use of or dependence of intoxicating liquor or drugs.

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(2) The Court shall direct the Clerk to refer a copy of the affidavit made pursuant to section 5

(3) to the Commissioner of Police, if the Court had ordered the seizure of any firearm pursuant to

the provisions of this Act.

11. Service of notice of proceedings

(1) Upon an application made for an Interim Protection Order pursuant to section 5 and the

granting of such order by the Court, a copy of the application and the Interim Protection Order,

together with the notice of the date on which, and the time at which the respondent is to appear

before the Court to show cause as to why the Interim Protection Order should not be confirmed,

shall be served personally on the respondent.

(2) A notice of the proceedings pursuant to subsection (1) shall be issued in accordance with

Form III in Schedule II.

(3) Where an application is filed in respect of a child, a copy of the application, together

with notice of the date on which, and the time and place at which, the application is to be heard,

shall as soon as practicable be served on the parent or guardian of the child with whom the child

normally resides or resides with on a regular basis.

(4) A notice of proceedings which is issued and served pursuant to this section shall be

deemed to be a summons that is duly served pursuant to the rules of the Court’s made pursuant to

section 33 and shall compel the respondent to appear in Court to answer to the application.

(5) A notice of proceedings issued pursuant to the provisions of this Act may be served on

the applicant or his or her agent and the Court shall receive proof of service by affidavit in

accordance Form IV in Schedule II.

(6) Where the hearing of an application is adjourned because the application and notice of

the proceedings have not been served on the respondent, the time and place fixed by the Court for

the adjourned hearing, shall be the date, time and place stated in the new notice of proceedings.

12. Validity of Interim Protection Order

(1) The Interim Protection Order issued pursuant to section 6 shall have no effect until it has

been served on the respondent in the manner provided for in section 11.

(2) A copy of the affidavit made pursuant section 5 and the record of any oral evidence

noted pursuant to section 5 (10) (b), shall be served on the respondent with the Interim Protection

Order.

(3) Upon service or upon receipt of a return of service, the Clerk shall forthwith serve a

certified copy of the Interim Protection Order and the original warrant of arrest contemplated

pursuant to section 23 to the applicant.

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13. Power to grant Final Protection Order

(1) If the respondent does not appear on the return date as stated pursuant to section 6(4), the

Court shall proceed to hear and determine the matter and the Interim Protection Order shall be

confirmed if the Court is satisfied that proper service has been effected upon the respondent, and, a

Final Protection Order shall be issued in accordance with Form V in Schedule II.

(2) If the applicant does not appear either in person or represented by an attorney-at-law or

advocate, on the return date as stated pursuant to section 11, and the respondent appears in court,

the Court may-

(a) dismiss the application;

(b) having received a reasonable excuse for the non-appearance of the applicant, adjourn

the hearing upon such terms as it deems just; or

appropriate for evidence to be given by affidavit pursuant to this section, the Court

may so direct, but the Court shall, on the application of any other party, order the

attendance of cross examination of the person making such affidavit.

(3) If the respondent appears on the return date in order to show cause as to why the Interim

Protection Order should not be confirmed, the matter shall be adjourned to enable the Clerk to

notify the applicant of the date of the hearing.

(4) The respondent shall, not less than ten days before the date of hearing, file with the Clerk

supporting affidavits showing cause as to why the Interim Protection Order should not be

confirmed.

(5) A copy of the affidavits of the respondent shall forthwith be served on the applicant.

(6) The applicant, upon receipt of the affidavits may, before the date of the hearing, file a

replying affidavit together with any supporting affidavits with the Clerk in which shall be stated

the reasons why the Interim Protection Order shall be confirmed.

(7) A copy of the replying affidavit of the applicant shall forthwith be served on the

respondent.

(8) On the date of the hearing, the Clerk submit to the Court the -

(a) application for the Interim Protection Order;

(b) the Interim Protection Order granted;

(d) any replying affidavits made by the applicant.

(9) At the hearing of the matter, the Court may-

(a) decide the matter on the papers in the absence of either or both of the parties or

(b) refer the matter for oral evidence.

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(10) At the conclusion of the hearing pursuant to subsection (9) (a) or (b), the Court-

(a) may confirm, amend, or set aside the Interim Protection Order; and

(b) shall issue an order in accordance with Form V in Schedule II.

(11) The Clerk shall forthwith notify the parties of the result and shall pursuant to the

provisions of this Act-

(a) serve the original final Protection Order referred to in subsection (10) on the

respondent;

(b) serve a certified copy of the final Protection Order referred to in subsection (10) on

the applicant.

(12) A Final Protection Order shall be for such period as the Court considers necessary but

shall not exceed three years.

(13) Where a final Protection Order contains any prohibitions or directions, the Court may

specify different periods, none of which shall exceed three years, as the period for which each

prohibition or direction shall remain in force.

14. Explanation of orders

(1) Where the Court proposes to make an Interim Protection Order or a final Protection

Order and the respondent is before the Court, the Court shall explain to the respondent-

(a) the purpose, terms and effect of the order;

(b) the consequences of failing to comply with the order; and

15. Service of orders

Where an Interim Protection Order or a Final Protection Order is made or varied by the Court -

(a) the Clerk shall arrange for the order to be drawn up in accordance with Form VI in

Schedule II and filed with the Court; and

(b) the Court shall serve a copy of the order on-

(i) the respondent;

(ii) any other person to whom the order is to apply whether or not the person is a

party to the proceedings; and

(iii) the police officer in charge of the police station located nearest to the area where

the respondent or the applicant resides.

16. Service other than personal service

(1) Where the Court has not be able to serve notice of proceedings pursuant to section 11 or

an Interim Protection Order or a Final Protection Order, upon the respondent personally, he or she

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may make an order for substituted service of the notice of the proceedings or order, as the case

may be.

(2) For the purpose of subsection (1), “substituted service” means-

(a) [registered post to the last known address of the respondent;

(b) leaving the document at the last known address of the respondent;]

; or

PART IIII

VARIATION AND REVOCATION OF INTERIM PROTECTION ORDER AND FINAL

PROTECTION ORDER

17. Variation and revocation of orders

(1) Where an order is in force, a party to the proceedings in respect of whom the order was

made may make an application to the Court in accordance with Form VI in Schedule II, for an

order varying or revoking the original interim protection Order or Final Protection Order.

(2) On an application made pursuant to subsection (1), the Court may by order, vary or

revoke the interim protection order or the final Protection Order.

(3) A copy of an application made pursuant to this section shall be served on each person

who is a party to the proceedings in respect of which the original interim protection order or final

protection order was made.

(4) The Court shall have regard to the matters specified in section 8, in determining whether

to vary or revoke an order in accordance with Form VII in Schedule II.

PART IV

ENFORCEMENT OF ORDERS

18.Breach of orders

(1) Subject to subsection (2), a person against whom an order has been made and who-

(a) has had notice of the order; and

(b) contravenes any provision of the order or fails to comply with any direction of the

Court,

commits an offence and is liable-

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(i) on a first conviction to a fine not exceeding nine thousand dollars or to a term of

imprisonment not exceeding three months;

(ii) on a second conviction, to a fine not exceeding fifteen thousand dollars or to a

term of imprisonment not exceeding one year or both;

(iii) on any subsequent conviction, to a period of imprisonment not exceeding five

years.

(2) Where an order contains a direction of the Court pursuant to section 7 that the

respondent seek counselling or therapy and it is brought to the attention of the Court that the

respondent has refused or neglected to comply with such a direction and the Court finds that such

refusal or neglect was unreasonable, the respondent commits an offence and is liable on conviction

to a fine not exceeding ten thousand dollars.

PART V

POLICE POWERS OF ENTRY AND ARREST

19. Duties of police officers

(1) A police officer shall respond to every complaint or report alleging domestic violence

whether or not the person making the complaint or the report is the victim.

(2) It shall be the duty of a police officer responding to a domestic violence complaint to

complete a domestic violence report which shall form part of a National Domestic Violence

(3) A domestic violence report shall be in accordance with Form VIII in Schedule II shall

include but not be limited to-

(a) the name of the parties;

(b) the relationship and sex of the parties;

(d) the date and time the complaint was received;

(e) the type of the abuse and the weapon used , if any.

20.Issue of warrant

(1) Where the Court is satisfied, by information on oath, that-

(a) there are reasonable grounds to suspect that a person on a premises has suffered or is

in imminent danger of physical injury at the hands of another person in a situation

amounting to domestic violence and needs assistance to deal with or prevent the

injury; and

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(b) a police officer has been refused permission to enter the premises for the purpose of

giving assistance to the first mentioned person in paragraph (a),

the Court may issue a warrant in writing authorising a police officer to enter the premises specified

in the warrant at any time within twenty four hours after the issue of the warrant and subject to any

conditions specified in the warrant, to take such action as is necessary to prevent the commission

or repetition of the offence or a breach of the peace or to protect life or property.

21.Police powers of arrest without warrant

(1) For the avoidance of doubt, a police officer may act in accordance with the provisions of

the Criminal Procedure Act, where he or she has reasonable cause to believe that a person is

engaging in or attempting to engage in conduct which amounts to physical violence and failure to

act immediately may result in serious physical injury or death.

(2) Nothing in this section authorises the entry onto premises by a police officer, for the

purpose of any search or the arrest of any person, otherwise than in connection with the conduct

referred to in subsection (1).

(3) Where a police officer exercises a power of entry pursuant to subsection (1), he or she

shall immediately submit a written report to the Commissioner of Police, through the head of his

division where the incident occurred, and the report shall contain the following information-

(a) the reasons for entering the premises without a warrant;

(b) the offence being committed or about to be committed; and

ensure the protection and safety of the person at risk.

22. Duty of police officer to assist victims

Where a police officer has entered on to the premises pursuant to section 4, section 20 and 21 (1)

the police officer shall-

(a) give assistance to a person who has suffered injury;

(b) ensure the welfare and safety of a child who may be on the premises; and

23.Warrant of arrest and procedure upon arrest of respondent where Court issues Interim

Protection Order

(1) In granting an Interim Protection Order pursuant to section 6, the Court may make an

Order-

(a) authorising the issue of a warrant for the arrest of the respondent, in accordance with

Form IX in Schedule II; and

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(b) suspend the execution of such warrant, subject to compliance with any prohibition,

condition, obligation or order imposed pursuant to section 7.

(2) The warrant referred to in subsection (1) shall remain in force unless the Interim

Protection Order is set aside.

(3) A police officer shall-

(a) execute a warrant of arrest upon its production and receipt of an affidavit in

accordance with Form X in Schedule II wherein it is stated that the respondent has

breached any prohibition, condition or obligation or order imposed pursuant to

section 7; or

(b) arrest the respondent upon receipt of an affidavit by the applicant in the Form

described as Form X as specified in Schedule II wherein it is stated that –

(i) an Interim Protection Order has been issued pursuant to section 6 or that a Final

Protection Order has been issued pursuant to section 13;

(ii) a warrant of arrest for the respondent has been issued;

(iii) the warrant of arrest has been lost or destroyed; and

(iv) the respondent has breached any prohibition, condition, obligation or order

imposed pursuant to section 7.

(4) The Clerk shall issue a second or further warrant of arrest upon the applicant filing an

affidavit in which it is stated that-

(a) the respondent has not been arrested; or

(b) the warrant of arrest issued has been lost or destroyed.

(5) Subject to the provisions of this Act the provisions of the Criminal Procedure Act

relating to the-

(a) manner of execution of warrants of arrest;

(b) arrest;

(d) criminal prosecution of the respondent;

shall apply with the necessary changes applicable in respect of warrants of arrest issued pursuant

to subsection (1).

(6) A respondent arrested pursuant to subsection (3) shall-

(a) not be released-

(i) unless the Court orders the release; and

(ii) the respondent, having been given a reasonable opportunity to do so, adduces

evidence which satisfies the Court that the interests of justice permit his or her

release from detention in custody;

(b) be brought before the Court as soon as reasonably possible, but not later than-

(i) forty eight hours after arrest; or

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(ii) at the end of the first Court date, after the expiry of the forty eight hours, if the

forty eight hours expire outside the ordinary court hours or on a day which is not

an ordinary court day; and

(i) an offence contemplated pursuant to section 37; and

(ii) any other offence resulting from a complaint lodged by the applicant against the

respondent.

24.Powers of arrest where a Final Protection Order is in force

Where a Final Protection Order is in force and a police officer believes on reasonable grounds that

the respondent has committed or is committing a breach of the Final Protection Order, he or she

may detain and arrest the respondent without a warrant.

25.Existing criminal law to apply

(1) Subject to subsection (2), where a person is arrested pursuant to section 20 or 21, the

person shall be charged in accordance with the relevant provisions of the criminal law for

committing or attempting to commit any of the offences and shall be dealt with accordingly.

(2) Where upon hearing the evidence pursuant to section 13 for the granting of a Final

Protection Order, the Court is satisfied that-

(a) the incident was an isolated one;

(b) there are circumstances which make it desirable to preserve the family unit; and

order or the penalty, as the case may be;

the Court may, with the consent of the applicant, withhold the granting of a Final Protection Order

or the imposition of any penalty as prescribed by law and require the respondent to enter into a

bond of good behaviour for a period not exceeding six months.

(3) Where a bond of good behaviour has been entered into pursuant to subsection (2), the

Court may prescribe such additional conditions as follows-

(a) that the parties receive professional counselling, including family counselling;

(b) that the parties report to a probation officer at certain fixed intervals;

(4) A bond of good behaviour entered into pursuant to subsection (2) shall be forfeited

where the Court is satisfied that-

(a) the respondent has continued to engage in conduct amounting to domestic violence

against the applicant;

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(b) based on a report form a probation officer, social worker or a police officer, domestic

violence is likely to be perpetrated against the applicant ; or

longer willing to continue the relationship.

PART VI

GENERAL

26.Conduct of proceedings

(1) No other person shall be present during the hearing of any proceedings pursuant to the

provisions of this Act except-

(a) an officer of the Court;

(b) parties to the proceedings and their attorneys-at law or advocate;

(d) any other person permitted by the Court to be present.

(2) A witness shall leave the courtroom if asked to do so by the Court.

(3) Nothing in this section shall limit any other power of the Court to hear proceedings in

camera or to exclude any person from the courtroom.

(4) Where an application is made on behalf of a child, the parent or guardian of that child or

the person with whom the child normally resides with on a regular basis shall be entitled to be a

party to the proceedings.

(5) Nothing in this section shall prevent a child or children, on whose behalf an application

for an order is made, from being heard in the proceedings and where the child expresses his or her

views, the Court shall take account of those views having regard to the age and maturity of the

child and the ability of the child to express his or her views.

27. Evidence

In any proceedings pursuant to the provisions of this Act, other than criminal proceedings, the

Court may receive such evidence as it thinks fit whether it is otherwise admissible in a court of

law.

28. Standard of proof

Every question of fact arising in any proceedings pursuant to the provisions of this Act, other than

criminal proceedings shall be decided on a balance of probabilities.

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29. Restriction of publication of reports

(1) Subject to subsection (4), a person shall not publish any report of proceedings pursuant to

the provisions of this Act, other than criminal proceedings, except with the leave of the Court.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary

conviction to a fine not exceeding ten thousand dollars or to a term of imprisonment not exceeding

one year.

(3) Nothing in this section limits-

(a) the provisions of any other enactment relating to the prohibition or regulation of the

publication of reports or particulars relating to judicial proceedings; or

(b) the power of the Court to punish any contempt of Court.

(4) This section shall not apply to the publication of any report in any publication that-

(a) is of a bona fide professional or technical nature; or

(b) is intended for circulation among members of the legal or medical profession,

officers of the public service, police officers, psychologists, marriage counsellors or

social workers.

30. Orders by consent

In any proceedings pursuant to the provisions of this Act, the Court may make any order with the

consent of all the parties to the proceedings.

31. Appeals

(1) A person aggrieved by-

(a) an order of the Court; or

(b) the refusal of the Court to make an order;

may, within twenty eight days after the decision of the Court appeal to the High Court.

(2) Except where the Court who makes an order pursuant to the provisions of this Act

otherwise directs, the operation of such an order shall not be suspended by virtue of an appeal

made pursuant to this section, and every order may be enforced in the same manner and in all

respects as if no appeal pursuant to this section were pending.

32. Protection of mortgage

(1) The rights conferred on any person in respect of any property by an order made pursuant

to the provisions of this Act shall be subject to the rights of any person entitled to the benefit of

the mortgage, security, charge or encumbrance affecting the property if such mortgage, security,

charge or encumbrance was registered before the order was registered or if the rights of that other

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person entitled to that benefit arise under an instrument executed before the date of the making of

the order.

(2) Notwithstanding anything in any enactment or in any other instrument, no money payable

under any mortgage, security, charge or encumbrance shall be called up or become due by reason

of the making of the order pursuant to the provisions of this Act.

33. Rules of the Court

The Chief Justice may make rules regulating the practice and procedure of the Court with respect

to proceedings under this Act, providing for such matters as are necessary for giving full effect to

the provisions of this Act and for its due administration.

34. Property rights

Nothing in this Act shall be construed as altering the rights of a spouse to ownership of property.

35. Obligation to report ill-treatment of children

(1) Notwithstanding the provisions of any other law, every dentist, medical practitioner,

nurse, psychologist, social worker, or a teacher who examines, attends to or deals with any child in

circumstances giving rise to reasonable suspicion that such child has been subject to acts of

domestic violence as a result of which such child suffers from injury, whether single or multiple,

shall immediately notify a police officer and or the Department responsible for Social Services of

the said circumstances.

(2) A person referred to in subsection (1) shall not be liable in respect of any notification

given in good faith in accordance with this section.

PART VII

PROVISIONS RELATING TO BAIL

36. Bail

(1) Notwithstanding any provisions in any law relating to bail, where the Court is required to

determine whether to grant bail in respect of an offence committed pursuant to the provisions of

this Act, the Court shall consider-

(a) the need to protect the applicant from domestic violence;

(b) the welfare of a child where the respondent or the applicant has custody of that

child;

(d) any hardship that may be caused to the respondent or other members of the family if

bail is not granted.

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(2) Notwithstanding any provisions in any law relating to bail, the Court in granting bail,

may order that the recognisance be subject to such of the following conditions as the Court

considers appropriate-

(a) that the respondent not harass or molest or cause another person to harass or molest

the applicant;

(b) that the respondent not be present on the premises in which the applicant works or

resides; and

applicant works or resides.

(3) Where a police officer believes on reasonable grounds that a person, who has been

granted bail subject to one or more conditions, has failed to comply with a condition of the

recognisance, the police officer may arrest the person without a warrant.

PART VIII

OFFENCES AND PENALTIES

37. Offences

Notwithstanding the provisions of any other law, any person who assists a person to contravene

any prohibition, condition or obligation or order imposed pursuant to section 7 commits an offence

and is liable on conviction to a fine not exceeding five thousand dollars or to a term of

imprisonment not exceeding three years or to both such fine and imprisonment.

PART IX

REGULATIONS

38. Regulations

The Minister may make regulations to give effect to the provisions of this Act.

PART X

REPEALS AND TRANSITIONALS

39. Repeal

The Domestic Violence (Summary Proceedings) Act 1999 is repealed.

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40. Definitions for Part X

In this part—

“commencement” means the commencement of the provision in which the term appears.

“repealed Act” means the Domestic Violence (Summary Proceedings) Act 1999.

41. Domestic violence order to continue to have effect

(1) This section applies to a domestic violence order made or varied under the repealed Act

that was in force immediately before the commencement of this Act.

(2) The domestic violence order is taken to have been made or varied under this Act.

(3) A condition of the domestic violence order is taken to be a condition imposed under Part

2 of this Act.

(4) If an adult was named in the domestic violence order under section 4 of the repealed Act,

the adult is taken to be a person named in the order under Part 2 of this Act.

(5) If a child was named in the domestic violence order under section 4 of the repealed Act,

the child is taken to be a person named in the order under Part 2 of this Act.

(6) A reference in section 18 of this Act includes an offence under section 5 of the repealed

Act.

42. Application for protection order

(1) This section applies to an application for a protection order under the repealed Act if, on

the commencement, the application had not been finally dealt with.

(2) The application is taken to have been made under section 5 of this Act.

43. Domestic violence committed before commencement

A court may make an order under a provision of this Act in relation to domestic violence

committed before the commencement of the provision.

44. Application for variation of domestic violence order

(1) This section applies to an application for the variation of a domestic violence order under

section 10 of the repealed Act, if, on the commencement, the application had not been finally dealt

with.

(2) The application is taken to be an application under section 17 of this Act.

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45. Application for revocation of domestic violence order

(1) This section applies to an application for the revocation of a domestic violence order

under [section X] of the repealed Act if, on the commencement, the application had not been

finally dealt with.

(2) The application is taken to be an application, under section 17 of this Act, for a variation

of the order by stating an earlier date on which the order ends.

46. Service and other things done in relation to continued applications

(1) This section applies to an application under the repealed Act that, under this part, is taken

to be an application made under this Act.

(2) The service of a copy of the application, or another thing done in relation to the

application, before the commencement is taken to have been done under this Act.

47. Appeal

(1) This section applies to an appeal against an order or a decision under section 24 of the

repealed Act if, on the commencement, the appeal had not been finally dealt with.

(2) The appeal is taken to be an appeal under section 31of this Act.

48. Restriction on publication of proceedings

A reference in section 29 to a proceeding under this Act includes a proceeding under the repealed

Act.

49. Restriction on obtaining copies of documents

A reference in section 29 to a proceeding under this Act includes a proceeding under the repealed

Act.

50. References to repealed Act

If the context permits, a reference in another Act or document to the repealed Act may be taken to

be a reference to this Act.

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SCHEDULE I

Section 3

INFORMATION TO BE RELATED BY POLICE OFFICER

TO VICTIM AND APPLICANT OF RIGHTS

“You have the right to request the assistance of a police officer in order to protect yourself

and your children, you may apply to the Court for a protection order, and I am obliged to provide

you with information on how to obtain a protection order. You may also request my assistance or

that of another police officer in locating and taking you and your children to a place of safety,

including a shelter, the home of a family member or friend, or any other place of safety. If you or

your children are in need of medical treatment, you have the right to request that I or another

police officer assist you in obtaining such medical treatment.

A protection order can be obtained from the Court at any time of the day or night and will be

served on the abuser free of charge. You may request that your address not be disclosed to your

abuser. The abuser can be ordered to pay emergency monetary relief and any or all contact with

you or your children may be prohibited. You may also request the Court to convict the abuser or

prohibit the abuser from preventing you to enter the shared household. This order is of a

temporary nature, and if you wish it to be confirmed, you will be required to appear in Court at a

later date. If you and your children require any counselling or support, you should contact the

Department of Social Services who can offer services to you and your children. You also have the

right to lodge a criminal complaint against your abuser if a criminal offence has been committed

against yourself and your children. You may do this now, or at any time in the future.

Should you obtain a protection order, or lodge a criminal complaint, in which false facts or

lies are knowingly alleged, you may be convicted of an offence. If you do not understand any of

the above information, you may ask for more information or ask to speak with another officer with

whom you may be more comfortable”.

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SCHEDULE II

FORM I

SECTION 5

APPLICATION FOR PROTECTION ORDER

1. (a) I ________________________________________ (full names) -

Date of Birth ________________ with the following particulars

Residential Address____________________________________

___________________________________________________________

Telephone No. _________________________

Occupation _________________________________________

Nature of domestic relationship with Respondent ___________

(hereinafter referred to as the Applicant)

(b) I _______________________________________ (full names) -

Date of Birth _________________ with the following particulars

Residential Address ___________________________________

____________________________________________________

Telephone No. _________________________

Business Address _____________________________________

____________________________________________________

Telephone No. _________________________

On behalf of _______________________________ (full names)

(hereinafter referred to as the Applicant)

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Date of Birth _________________ with the following particulars

Residential Address ___________________________________

____________________________________________________

Telephone No. _________________________

Business Address _____________________________________

Occupation __________________________________________

Nature of domestic relationship with Respondent ____________

On whose behalf the application is brought due to

___________________________________(state relationship or concern) and whose

consent has been obtained (except if the applicant is a child);

2. HEREBY APPLY FOR A PROTECTION ORDER AGAINST -

_____________________________________ (full names)

Date of Birth _________________ with the following particulars

Residential Address _______________________________________

________________________________________________________

Telephone No. ____________________________________

Business Address _________________________________________

Occupation ______________________________________________

(hereinafter referred to the RESPONDENT)

3. The following children (if any) have been born from the domestic relationship.

______________________________________________

4. Since the respondent at or near ____________________________ and on or about the day of

________________________ 200 [ ] committed the following act(s):

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See annex attached for the affidavit, together, with any supporting affidavit(s):

5. I request that the respondent be ordered

(a) Not to commit any act of domestic violence or enlist the help of another person to

commit any act of domestic violence;

(b) Not to enter the shared household;

(d) Not to enter the Applicant’s place of employment

(e) Not to enter the place of schooling or care of named child or children;

(f) Not to prevent the Applicant or any child who ordinarily lives or lived in the shared

household from entering or remaining in the shared household or part thereof; or

(g) Not to enter the Applicant’s place of employment

(h) Not to commit any other act;

As requested and/ or specified in the affidavit(s).

6. I further request the Court to order that:

(a) A member of the police force is to accompany the applicant to the residence specified in

the application to supervise the collection of the Applicant’s personal property;

(b) A member of the police force is to seize the arm or dangerous weapon as specified in the

affidavit;

(d) The Respondent is to pay emergency monetary relief as specified in the affidavit;

(e) The Respondent is to pay the educational expenses as specified in the affidavit;

(f) the Respondent is refused any contact with the child or children as specified in the

affidavit;

(g) The Respondent is granted structured contact with the child or children as specified in the

affidavit; or

(h) the address of the Applicant’s residence shall not be disclosed to the respondent

7. I am likely to report a breach of the Protection Order at the __________ Police Station.

8. Additional conditions requested as affidavit _____________________

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__________________________________________________________

_________________________ ____________________________

DEPONENT DATE

9 I certify that before administering the oath/taking the affirmation I asked the Deponent the

following questions and noted his or her answers as indicated below:-

(a) Do you know and understand the contents of the above declaration?

Answer ______________________________________________

(b) Do you have any objection to taking the prescribed oath?

Answer _____________________________________________

I certify that the Deponent has acknowledged that he or she knows and understands the

contents of this declaration which was sworn to/affirmed before me, and that the Deponent’s

signature/ thumbprint/ mark was placed thereon in my presence

Dated at ___________________ this ______ day of __________________ 200[ ]

______________________________

Court

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FORM II

Section 6(2)

INTERIM PROTECTION ORDER

IN THE COURT COURT ___________________________________

HELD AT _______________ APPLICATION NO _________

In the matter between:

APPLICANT ________________________________________

Date of Birth _____________________________

AND

RESPONDENT ______________________________________

Date of Birth _________________________

1. Respondent’s particulars ___________________________

Residential Address _______________________________

________________________________________________

_____________________ (Tel. No.) __________________

Occupation ______________________________________

2. Whereas the Applicant (or _____________________ on behalf of the Applicant), has applied

for an Interim Protection Order against the Respondent, as per the affidavit(s) and record of oral

evidence (if any) attached, and after consideration of the application;

3. The Court orders that the application for Interim Protection Order be –

3.1 Dismissed; or

3.2 Granted: and the respondent is ordered:

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3.2.1 Not to commit the following act(s) of domestic violence

____________________________________________

3.2.2 Not to enlist the assistance of any other person to commit the acts of domestic

violence specified in paragraph 3.2.1.

3.2.3 Not to enter the shared household at ______________

____________________________________________

3.3.4 Not to enter the following parts of the shared household

____________________________________________

___________________________________________at

____________________________________________

3.2.5 Not to enter the applicant’s residence ______________

____________________________________________

3.2.6 Not to enter the applicant’s place of employment at

____________________________________________

3.2.7 Not to prevent the applicant or any child who ordinarily lives or lived in the

shared household at

____________________________________________

3.2.9 To make rent or mortgage payments in the sum of ____________________ per

month;

3. 2. 10 To pay the sum of ______________ to the applicant as educational expense.

4. It is further ordered that –

4.1 A member of the police force accompanies the Applicant to the following residence in

order to supervise the collection of personal property; i.e.

_____________________________________________

4.2 A member of the police force at _________________seizes the following arm or

dangerous weapon in the possession of the Respondent i.e.

__________________________________________

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4.3 The Applicant’s address is not to be disclosed to the Respondent:

4.4 The Respondent is refused any contact with the following children i.e.

_____________________________________________________

4.5 The Respondent is allowed contact with the following children i.e.

_____________________________________________________

on the following basis __________________________________

_____________________________________________________

4.6 A warrant is authorised for the arrest of the Respondent, the execution of which is

suspended subject to the Respondent’s compliance with the provisions of the protection order as

stated above; and

4.7 A copy of this order and the warrant of arrest be forwarded to the

Police station at _______________________________________ once this Interim Protection

Order has been served on the Respondent.

5. The Respondent is furthermore herby informed of his or her right to appear before the Court

on the______ day of ____________200[ ]at _____________________________ in order to show

cause as to why the Interim Protection Order should not be confirmed and made final.

_________________________ ____________________________

Court Date

______________

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FORM III

Section 11(2)

NOTICE OF PROCEEDINGS

ANTIGUA AND BARBUDA

In the District of _____________________________________

BETWEEN

__________________________

Applicant

And

_________________________ Respondent

TO THE RESPONDENT

An application pursuant to section 11 of the Domestic Violence Act for a protection order has

been made by_ ________________ (name of applicant )

A copy of the application is attached. The application has been set down for hearing on the

______ day of ______________ at _____ a.m/pm at __________________

If you do not appear in person at the hearing of the application, the Court may -

(a) deal with the application in your absence, or

(b) Issue a warrant for your arrest to be brought before the Court.

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___________________

Clerk of Court

Dated this ________day of __________________________

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FORM IV

Section 11(5)

AFFIDAVIT

ANTIGUA AND BARBUDA

No. _____________________________________

Return of service of process in respect of Domestic Violence Offence(s) for the the Court

Name of Applicant _________________________________________________

Name of Respondent _______________________________________________

Document served __________________________________________________

Date of service __________________________________________________

Place of service ____________________________________________________

Mode of service ___________________________________________________

I do swear that the above Return of Service is true and in accordance with the facts of such

Service

_____________________________

Deponent

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Sworn by me __________________________ the above named Deponent

This __________ day of ______________________________________

____________________________

Clerk of Court

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FORM V

Section 13(1), 13(10)

FINAL PROTECTION ORDER

IN THE FAMILY COURT OF ___________________

HELD AT ____________________ APPLICATION NO ________________

In the matter between:

APPLICANT: ____________________________________________________

Date of Birth _______________________________

AND\

RESPONDENT: __________________________________________________

Date of Birth ___________________________

Whereas the Applicant has applied for a protection order; and

After considering the facts of the matter;

The Court orders that the Interim Protection Order be:

1. Confirmed;

2. Amended as follows: _________________________________________

___________________________________________________________

____________________________________________________________

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____________________________________________________________

3. Set aside

Dated at this ………. day of 200[ ]

___________________________ _________________________

Court Date

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FORM VI

Section 15(a), 17(1)

APPLICATION FOR VARIATION OR REVOCATION OF INTERIM PROTECTION

ORDER OR PROTECTION ORDER

ANTIGUA AND BARBUDA

In the District of ___________________________________

BETWEEN

_____________________________________________ APPLICANT

AND\

__________________________________________________ RESPONDENT

I _______________________________ hereby apply for a variation /revocation of (name of

applicant)

The Order made against ___________________________________ on the

(name of Respondent

__________day of _______________________, by the Court ( a copy of which is attached to the

said application in respect of certain conduct or threatened conduct towards

________________________________________________

(name of person who is protected by the order)

I ask for revocation/variation of the order in the following :

Specify details of variation

______________________

Applicant

Dated this day of

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FORM VII

Section 17(4)

ORDER VARYING INTERIM PROTECTION ORDER OR FINAL PROTECTION

ORDER

ANTIGUA AND BARBUDA

In the District of ___________________________________

The Court having heard an application made pursuant to section 17 of the Act by (name of the

applicant) in respect of conduct or threatened conduct of (name of respondent) and the Court

having on the ________ day of _______________, made an Order, a copy of which is herewith

attached, prohibiting the Respondent from engaging in the conduct specified therein.

NOW the Court on the application of ___________________ does this day Order that the

interim protection order or the protection order be either:

1. REVOKED

. Specify effective date of revocation )

2. VARIED AS FOLLOWS

Specify details of variation

___________________________________________________________

____________________________________________________________

___________________

Clerk of Court

Dated this day of

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FORM VIII

Section 19(3)

DOMESTIC VIOLENCE POLICE REPORT

Station _____________ Division ____________ Reference No.________

Complaint made by _____________________ __________________________

(surname) (first name)

Address _________________________________________________________

Relationship of victim to alleged offender ______________________________

Mode of report ___________________________________________________

Date _______________ Time _______________ Diary Reference _____

Recorded by _____________________________________________________

(number/rank/name

Name of ________________________________________________________

(surname) (first name)

Address _________________________________________________________

Telephone No. ______________ Nature of domestic relationship to alleged offender

_________________________

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Sex ____________ Age ___________ Occupation ________________

Address of employment ____________________________________________

Name of alleged offender __________________________________________

( surname) (first name)

Address _________________________________________________________

Sex ____________ Age ___________ Occupation ________________

Telephone No. __________________ Nature of domestic relationship to alleged offender

_________________

Address of employment ____________________________________________

Name of witness ____________________ Name of witness ______________

Address _________________________________________________________

Relationship to alleged offender _____________________________________

Brief facts as reported _____________________________________________

________________________________________________________________

_________________________________________________________________

Extent of injury ___________________________________________________

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Medical report from attached Yes No

Instrument used to inflict injury ______________________________________

Whereabouts of children at time of incident ____________________________

_________________________________________________________________

State whether previous complaints were made Yes No

Date________________ Time___________ Diary Reference____________

Investigator :______________________________________________________

(Number/Rank/Number)

Action taken ______________________________________________________

__________________________________________________________________

Is protection order in existence? Yes No

Date of iissue ______________________________________________________

Comments ________________________________________________________

__________________________________________________________________

___________________________________________________________________

Duration of protection order ___________________________________________

ACTION TAKEN WITH RESPECT TO PRESENT REPORT

Date ____________________________________________

Time _______________________________________

Action taken, by whom ______________________________________________

Arrest made:

Date of Arrest ____________________ Mode of arrest ____________________

Present status of report _______________________________________________

CHARGES PREFERRED:

(1) _______________________________________

(2) ________________________________________

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(3) ________________________________________

(4) ________________________________________

STATE REASONS IF NO CHARGES PREFERRED:

___________________________________________________________________

____________________________

Investigator _______________________________

Supervising officer

_____________________________

Date _______________________________

Date

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FORM IX

Section 23(1)(a)

WARRANT OF ARREST

IN THE FAMILY COURT OF

HELD AT APPLICATION NO. ____________

In the matter between:

APPLICANT _________________________________________________

RESPONDENT __________________________________________________

*Date of Birth

TO ALL POLICE OFFICERS

Whereas *the attached Interim Protection Order/a Protection Order as attested to by the

Applicant in the attached affidavit, was granted against the Respondent by the Court for the

district of on the day of ; and

Whereas the Applicant has stated in the affidavit attached that the Respondent has breached (a)

condition(s) of the Protection Order;

Therefore you may hereby authorised and ordered to forthwith arrest the Respondent in terms of

the Domestic Violence Act.

GIVEN under my hand at this day of 200[ ]

Domestic Violence Bill

2015, No.

_________________________________

Court ______________________________

Date

2015, No. Domestic Violence Bill

FORM X

Section 23(3)(b)

BREACH OF PROTECTION ORDER

IN THE COURT OF

HELD AT APPLICATION NO. ____________

I ________________________________________________________________

Full / Names , Date of Birth)

Residential Address ________________________________________________

Telephone No. ____________________________________________________

Business Address __________________________________________________

Telephone No: ___________________________________________________

Occupation: ______________________________________________________

(hereinafter referred to as the Applicant)

Hereby declare under oath/solemnly affirm that -

A Protection Order was granted on the day of in the Court against

____________________________________________________

(Full names)

Residential Address: ________________________________________________

Telephone No _____________________________________________________

Business address: __________________________________________________

Telephone No: ____________________________________________________

Occupation: _______________________________________________________

(Hereinafter referred to as the Respondent)

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2015, No.

2. A copy of the of the Protection Order (indicating what orders were made), and the original

Warrant of Arrest is attached.0

3. A copy of the Protection Order and/or the original Warrant of Arrest cannot be attached for

the following reasons -

___________________________________________________________

____________________________________________________________

In the said Protection Order the Respondent was ordered -

(a) _______________________________________________________

(b) _______________________________________________________

(d) _______________________________________________________

(e) _______________________________________________________

(f) _______________________________________________________

(g) _______________________________________________________

4. The Respondent has breached the Protection Order (which has not been set aside), in that

*he /she on the day of

_____________________________

Signature of Deponent _______________________________

Date

5. I certify that before administering the *oath/taking the affirmation I asked the Deponent that

the following questions and noted *oath/taking the affirmation I asked the Deponent the

following questions and noted *his/her answers in *his/her presence as indicated below::

(a) Do you know and understand the contents of the above declaration’?

Answer ________________________________________________

(b) Do you have any objection to taking the prescribed oath?

Answer ________________________________________________

2015, No. Domestic Violence Bill

Answer ________________________________________________

I certify that the Deponent has acknowledged that *he/she knows and understand the contents of

this declaration which was *sworn to/affirmed before me, and that the Deponent’s *signature

/thumb print/mark was placed thereon in my presence.

Dated this day of 20

_______________________

Court

Made this day of 2013

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2015, No.

EXPLANATORY MEMORANDUM

The objects of this Bill is stated in its preamble which provides that the Bill seeks to-

“provide greater protection for victims of domestic violence and to make provision for the

granting of protection orders and for matters incidental thereto and connected therewith”.

Recognising that domestic violence is a serious crime against the individual and society; that

many persons are regularly beaten, tortured, and in some cases even killed by their partners or

cohabitants and that many victims come from social, economic, cultural, ethnic and religious

backgrounds and that children together with other members of the family suffer deep and lasting

emotional effects from domestic violence, even when themselves not assaulted, this Bill is seen as

an absolute necessity in Antigua and Barbuda where acts of domestic violence are on the rise.

The Bill recognizes that domestic violence is a serious crime against society and that women form

the majority of victims of domestic violence. Domestic violence is an obstacle to achieving gender

equality.

Part I of the Bill provides the preliminary provisions and contains clauses 1 to 4. Clause 1

provides for the short title and commencement. Clause 2 provides for the interpretation section

which definers the words and phrases to be used throughout the Bill.

It is important to note that the narrow interpretation given to the term “domestic relationship" has

been broadened in clause 2 and provides the following-

“domestic relationship” means a relationship between an applicant and a respondent in any of

the following ways-

(a) they are or were married to each other, including marriage according to any law,

custom or religion;

(b) they cohabit or cohabited with each other in a relationship of some permanence;

for that child, whether or not at the same time;

(d) they are family members related by consanguinity, affinity or adoption;

(e) they would be family members related by affinity if the persons referred to in

paragraph (b) were, or were able to be married to each other;

(f) they are or were in an engagement, dating or visiting which includes but is not

limited to an actual or perceived romantic, intimate or sexual relationship of any

duration; or

(g) the share or shared the same household or residence”.

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The term “domestic violence” is defined to mean any controlling or abusive behaviour that

harms the health, safety or well-being of the applicant or any child in the care of the applicant

and includes but is not limited to the following-

(a) physical abuse or threats of physical abuse;

(b) sexual abuse or threat of sexual abuse;

(d) economic abuse;

(e) intimidation;

(f) harassment;

(g) stalking;

(h) damage to or destruction of property; or

(i) entry into the applicant’s residence, place of work, worship or recreation without

consent, where the parties do not share the same residence”.

Clause 3 of the Bill gives the police officer on arrival at the scene of an incident of domestic

violence, a duty to inform the victim of his or her rights.

Clause 4 of the Bill provides for the arrest by a police officer without a warrant subject to the

provisions of clause 21. The Bill provides that a police officer may without warrant arrest a

person at the scene of an incident of domestic violence whom he or she reasonably suspects of

having committed an offence containing an element of violence.

Part II of the Bill provides for Protection orders and contains clauses 5-16.

Clause 5 makes provision for the application for a protection order. The Bill notes that a victim of

domestic violence is a disempowered person and in light of this, an application for a protection

order may therefore be brought on behalf of the victim by any other person (including a police

officer, an approved social worker or advocate) who has a material interest in the well-being of the

victim.

Clause 6 of the Bill makes provision for the power of the Court to grant an Interim Protection

Order. Since the most dangerous time for any domestic violence victim is separation from the

abuser, the Bill provides that the Interim Protection Order must be issued ex parte. The

respondent has the opportunity to appear on a return date. If the respondent does not appear on the

return date, the interim order is confirmed. By virtue of clause 6 (6) an interim order may be made

for such period as the Court considers necessary but shall not exceed thirty days.

Clause 7 makes provisions for the terms of a protection order. It provides that-

“7. (1) In granting an Interim Protection Order pursuant of section 6 or a Final Protection Order

pursuant to section 13, the Court may prohibit the respondent from-

(a) committing any act of domestic violence;

(b) enlisting the help of any person to commit any such act of domestic violence;

prohibition only if it appears to be in the interests of the applicant or any child;

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(d) entering a specified part of the shared household;

(e) entering the residence of the applicant;

(f) entering the place of employment, place of worship or recreation of the applicant;

(g) preventing the applicant or any child who ordinarily lives or lived in the shared

household from entering or remaining in the shared house hold or a specified part of

the shared household;

(h) taking possession of, damaging, converting or otherwise dealing with property that

the applicant may have an interest in, or is reasonably used by the applicant as the

case may be;

(i) approaching the applicant within a specified distance; or

(j) committing any other act as specified in the order.

(2) In addition to the conditions stated in subsection (1), the Court may -

(a) direct that any or all of the conditions of an interim or a protection order be applied

for the benefit of a child and members of the household;

(b) direct that the respondent-

(i) return to the applicant specified property that is in his or her possession or under

his or her control;

(ii) pay emergency monetary relief to the applicant;

(iii) pay interim monetary relief to the applicant for the benefit of the child, where

there is no existing order relating to maintenance until such time as an obligation

for support is determined, pursuant o the provisions of any other law;

(iv) immediately vacate any shared household for a specified period, whether or not

the shared household is owned or leased by the respondent and the applicant, or

solely owned or leased by the respondent or the applicant;

(v) make or continue to make payments in respect of rent, mortgage and utilities

payment for premises occupied by the applicant having regard to the financial

needs and resources of the parties;

(vi) or applicant or both, receive professional counselling or therapy

by the Department responsible for Social Services”.

As noted, the Bill clearly spells out the terms which may be contained in a protection order. In

times of crisis, financial matters are often a cause of great distress to victims of domestic violence.

The Bill provides that the court may impose on the respondent certain obligations as to the

discharge of rent, utilities or mortgage payments, order the respondent to pay emergency monetary

relief, or order the respondent to pay educational or medical expenses. Children should not

become the contact point through which the respondent can regain control over the applicant.

Contact with any child by the respondent may therefore be refused or structured contact with such

child may be ordered.

Clause 8 provides for the matters to be considered by the Court in determining whether or not to

impose one or more of the prohibitions specified in Clause 7.

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Clause 9 makes provision for an undertaking which may be given by a respondent subject to the

conditions as specified in the clause.

Clause 10 contains provisions regarding seizure of arms and dangerous weapons in domestic

violence situations.

Clause 11 makes provision for the service of notice of proceedings.

Clause 12 provides that an Interim Protection Order issued pursuant to clause 5 shall have no

effect until it has been served on the respondent in the manner provided in clause 11.

Clause 13 makes provision for the power of the Court to grant a Final Protection Order.

By virtue of clause 14, where the Court proposes to make an Interim Protection Order or a Final

Protection Order, and the respondent is before the Court, the Court has the duty to explain to the

respondent the nature, terms and consequences of the Order.

Clause 15 makes provision for the service of orders.

Clause 16 makes provision for service other than personal service.

Part III, clause 17 provides for the variation and revocation of an Interim Protection Order or a

Final Protection Order.

Part IV, clause 18 makes provision for the enforcement of Interim Protection Order and a Final

Protection Order and provides a penalty for the breach of any such order.

Part V, Clauses 19 to 26, provides for police powers of entry and arrest.

Clause 19 makes it mandatory for a police officer to respond to every complaint or report alleging

domestic violence whether or not the person making the complaint or report is the victim. The

police officer also pursuant to the provisions of this clause has a duty to complete a domestic

violence report which shall form part of a National Domestic Register to be maintained by the

Commissioner of Police.

Clause 20 makes provisions for the issue of a warrant of arrest.

Clause 21 makes provisions for the powers of a police officer to arrest without a warrant.

Clause 22 places a duty of a police officer who has entered the premises pursuant to clause 4,

clause21 and clause 22(1) to assist a victim of domestic violence.

Clause 23 provides for a warrant of arrest and procedure upon arrest of a respondent where the

Court issues an Interim Protection Order. The Bill provides that, in granting an Interim Protection

Order, the Court shall issue a suspended warrant for the arrest of the respondent which remains in

force unless the Interim Protection Order is set aside. The applicant is furnished with the original

warrant of arrest and provision is made for a second or further warrant of arrest. When the

respondent has breached the protection order a police officer must execute the warrant of arrest.

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Provision is also made for arrest upon receipt of an affidavit where the warrant of arrest has been

lost or destroyed. An arrested respondent shall not be released unless a court orders release, and

the accused, having been given a reasonable opportunity to do so, adduces evidence which

satisfies the court that the interest of justice permit his or her release from detention in custody.

The Bill provides that the respondent be criminally charged for breaching the protection order and

also with any other offence resulting from a complaint lodged by the applicant against the

respondent.

Clause 24 provides for the powers of arrest where a Final Protection Order is in force.

Clause 25 make provisions for the existing criminal law to apply in relation to offences committed

pursuant to the provisions of this Ordinance.

Part VI provides for general provisions and contains clauses 26-35.

Clause 26 makes provision for the conduct of proceedings.

Pursuant to clause 27, in any proceedings pursuant to the provisions of this Bill, other than

criminal proceedings, the Court may receive such evidence as it thinks fit whether it is otherwise

admissible in a court of law.

Clause 28 provides that the standard of proof save and except in criminal proceedings, shall be

decided on a balance of probabilities.

Clause 29 provides for the restriction of publication of reports.

Clause 30 provides for Orders of consent.

Clause 31 makes provisions for appeals.

Clause 32 makes provision for the protection of mortgage.

Clause 33 provides for rules of the Court.

Clause 34 provides for property rights.

Clause 35 places an obligation on a specified group of persons to report ill treatment of children,

notwithstanding the provisions of any other law.

Part VII, clause 36 makes provisions for bail.

Part VIII, clause 37 makes provisions for offences and penalties.

Part IX, clause 38 makes provisions for regulations.

Part X, clauses 39 – 50 deals with repeals and transitional provisions.

Note the Divorce Act and Rules saves Matrimonial causes rules, it impacts on appeal.