Domestic Violence Act, 2007 Act 732 (Revised)

ACT 732
Domestic Violence Act, 2007
ACT 732
DOMESTIC VIOLENCE ACT, 2007
ARRANGEMENT OF SECTIONS
Domestic Violence
SECTION
1. Meaning of domestic violence. 2. Meaning of domestic relationship. 3. Prohibition of domestic violence. 4. Domestic violence not justified by consent. 5. Number of acts which would amount to domestic violence. 6. Filing of complaint with police. 7. Police assistance. 8. Receipt of complaint by police and free medical treatment. 9. Arrest by police. 10. Arrest by person other than police officer without warrant. Protection Orders
11. Jurisdiction of Court. 12. Application for civil protection order. 13. Conduct of proceedings. 14. Interim protection order. 15. Grant of protection order. 16. Duration of final protection order. 17. Conditions of protection order. 18. Reference to Family Tribunal. 19. Extension of protection order to other persons. 20. Occupation order. 21. Power to discharge protection order. 22. Contravention of protection order. Miscellaneous Provisions
23. Relation of act to Criminal Code. 24. Court to promote reconciliation. 25. Publication of proceedings. 4
26. Criminal charges and protection. 27. Civil claim for damages. 28.

nal Code. 24. Court to promote reconciliation. 25. Publication of proceedings. 4
26. Criminal charges and protection. 27. Civil claim for damages. 28.

Procedure rules for domestic violence. 29. Establishment of Fund. 30. Objectives of the Fund. 31. Sources of money for the Fund. Ill -2615 (Issue 2]

Procedure rules for domestic violence. 29. Establishment of Fund. 30. Objectives of the Fund. 31. Sources of money for the Fund. Ill -2615 (Issue 2]

ACT 732
Domestic Violence Act, 2007
SECTION
32. Management of the Fund. 33. Accounts, audit and financial year. 34. Annual report of the Fund. 35. Establishment of Victims of Domestic Violence Management Board. 36. Composition of the Management Board. 37. Functions of the Management Board. 38. Meetings of the Management Board. 39. Allowances. 40. Secretariat of the Management Board. 41. Regulations. 42. interpretation. ACT 732
DOMESTIC VIOLENCE ACT, 20071
AN ACT to provide protection from domestic violence particularly for women and
children and for connected purposes. Domestic Violence
1.

CE ACT, 20071
AN ACT to provide protection from domestic violence particularly for women and
children and for connected purposes. Domestic Violence
1.

Meaning of domestic violence
Domestic violence means engaging in the following within the context of a previous
or existing domestic relationship:
(a) an act under the Criminal Code, 1960 (Act 29) which constitutes a threat or
harm to a person under that Act;
(b) specific acts, threats to commit, or acts likely to result in
(i) physical abuse, namely physical assault or use of physical force
against another person including the forcible confinement or deten
tion of another person and the deprivation of another person of ac
cess to adequate food, water, clothing, shelter, rest, or subjecting an
other person to torture or other cruel, inhuman or degrading treat
ment or punishment;
(ii) sexual abuse, namely the forceful engagement of another person in a
sexual contact which includes sexual conduct that abuses, humiliates
or degrades the other person or otherwise violates another person’s
sexual integrity or a sexual contact by a person aware of being in
fected with human immunodeficiency virus (HIV) or any other sexu
ally transmitted disease with another person without that other per
son being given prior information of the infection;. 1.

us (HIV) or any other sexu
ally transmitted disease with another person without that other per
son being given prior information of the infection;. 1.

This Act was assented to on 3rd May, 2007 and notified in the Gazelle on 4th May, 2007. [Issue 2] III-2616

This Act was assented to on 3rd May, 2007 and notified in the Gazelle on 4th May, 2007. [Issue 2] III-2616

ACT 732
Domestic Violence Act, 2007
(iii) economic abuse, namely the deprivation or threatened deprivation of
economic or financial resources which a person is entitled to by law,
the disposition or threatened disposition of movable or immovable
property in which another person has a material interest and hiding
or hindering the use of property or damaging or destroying property
in which another person has a material interest; and
(iv) emotional, verbal or psychological abuse namely any conduct that
makes another peison feel constantly unhappy, miserable, humili
ated, ridiculed, afraid, jittery or depressed or to feel inadequate or
worthless;
(c) harassment including sexual harassment and intimidation by inducing fear
in another person; and
(d) behaviour or conduct that in any way
(i) harms or may harm another person,
(ii) endangers the safety, health or well-being of another person,
(iii) undermines another person’s privacy, integrity or security, or
(iv) detracts or is likely to detract fiom another person’s dignity and
worth as a human being. 2.

another person’s privacy, integrity or security, or
(iv) detracts or is likely to detract fiom another person’s dignity and
worth as a human being. 2.

Meaning of domestic relationship
(1) A domestic relationship means a family relationship, a relationship akin to a fam
ily relationship or a relationship in a domestic situation that exists or has existed between
a complainant and a respondent and includes a lelationship where the complainant
(a) is or has been married to the respondent;
(b) lives with the respondent in a relationship in the nature of a marriage even
if they are not or were not married to each other or could not or cannot be
married to each other;
(c) is engaged to the respondent, courting the respondent or is in an actual or
perceived romantic, intimate, or cordial relationship not necessarily includ
ing a sexual relationship with the respondent;
(d) and respondent are parents of a child, are expecting a child together or are
foster parents of a child;
(e) and respondent are family members related by consanguinity, affinity or
adoption, or would be so related if they were married either customarily or
under an enactment or were able to be married or if they were living to
gether as spouses although they are not married;
() and respondent share or shared the same residence or arc co-tenants;
(g) is a parent, an elderly blood relation or is an elderly person who is by law a
relation of the respondent;
(h) is a house help in the household of the respondent; or
(i) is in a relationship detei mined by the court to be a domestic relationship.

espondent;
(h) is a house help in the household of the respondent; or
(i) is in a relationship detei mined by the court to be a domestic relationship.

ill-2617 [Issue 2]

ill-2617 [Issue 2]

ACT 732
Domestic Violence Act, 2007
(2) A court shall in a determination under paragraph (i) of subsection (1) have regard
to
(a) the amount of time the persons spend together,
(b) the place where that time is ordinarily spent,
(c) the manner in which that time is spent, and
(d) the duration of the relationship. (3) A person is in a domestic relationship where
(a) the person is providing refuge to a complainant whom a respondent seeks
to attack, or
(b) the person is acting as an agent of the respondent or encourages the re
spondent. 3. Prohibition of domestic violence
(1) A person in a domestic relationship shall not engage in domestic violence
(2) A person in a domestic relationship who engages in domestic violence commits
an offence and is liable on summary conviction to a fine of not more than five hundred
penalty units or to a term of imprisonment of not more than two years or to both. (3) The Court may in addition to imposing a fine or a prison term, order the offender
in a case of domestic violence to pay compensation to the victim as the Court may deter
mine.

to imposing a fine or a prison term, order the offender
in a case of domestic violence to pay compensation to the victim as the Court may deter
mine.

(4) When a cause for complaint has arisen between persons in a domestic relationship
and the persons do not cohabit, none of those persons shall enter into the residence of the
other person without that other person’s permission. 4. Domestic violence not justified by consent
The use of violence in the domestic setting is not justified on the basis of consent. 5. Number of acts which would amount to domestic violence
(1) A single act may amount to domestic violence. (2) A number of acts that form a pattern of behaviour may amount to domestic vio
lence even though some or all of the acts when viewed in isolation may appear minor or
trivial. 6. Filing of complaint with police
(1) A victim of domestic violence or a person with information about domestic vio
lence may file a complaint about the domestic violence with the police. (2) A child may be assisted by a next friend to file a complaint on domestic violence. (3) Despite subsection (1) a social worker, probation officer or health care provider
shall file a complaint about domestic violence where the intervention is in the interest of
the victim. [Issue 2J 111-2618

cer or health care provider
shall file a complaint about domestic violence where the intervention is in the interest of
the victim. [Issue 2J 111-2618

ACT 732
Domestic Violence Act, 2007
(4) A member of the victim’s family may file a complaint on behalf of the victim
where the victim is for any reason unable to file a complaint personally. (5) A deceased person’s personal representative or a member of the deceased’s fam
ily or another person competent to represent the deceased may file a complaint where a
person who could have been a complainant under this Act has died. (6) A complaint about domestic violence shall be filed with the police at the place
where
(a) the offender resides,
(b) the victim resides,
(c) the domestic violence occurred or is occurring, or
(d) the victim is residing temporarily, where the victim has left his or her usual
place of abode. 7. Police assistance
A police officer shall respond to a request by a person for assistance from domestic
violence and shall offer the protection that the circumstances of the case or the person
who made the report requires, even when the person reporting is not the victim of the
domestic violence. 8.

he circumstances of the case or the person
who made the report requires, even when the person reporting is not the victim of the
domestic violence. 8.

Receipt of complaint by police and free medical treatment
(1) When a police officer receives a complaint under section 6 (6), the officer shall
(a) interview the parties and witnesses to the domestic violence including chil
dren,
(b) record the complaint in detail and provide the victim with an extract of the
occurrence upon request in a language the victim understands,
(c) assist the victim to obtain medical treatment where necessary,
(d) assist the victim to a place of safety as the circumstances of the case or as
the victim requires where the victim expresses concern about safety,
(e) protect the victim to enable the victim to retrieve personal belongings
where applicable,
( assist and advise the victim to preserve evidence, and
(g) inform the victim of his or her rights and any services which may be avail
able. (2) Police assistance to a victim under subsection (1) (c) consists of issuing a medical
form to the victim and where necessary sending the victim to a medical facility. (3) A victim of domestic violence who is assisted by the police to obtain medical
treatment under subsection (1) (c) is entitled to free medical treatment from the State.

stic violence who is assisted by the police to obtain medical
treatment under subsection (1) (c) is entitled to free medical treatment from the State.

(4) In case of emergency or a life threatening situation a victim of domestic violence
may receive free medical treatment pending a complaint to the police and the issuance of
a report. ill-2619 [Issue 2]

on a victim of domestic violence
may receive free medical treatment pending a complaint to the police and the issuance of
a report. ill-2619 [Issue 2]

ACT 732
Domestic Violence Act, 2007
9. Arrest by police
(1) A police officer may arrest a person for an offence of domestic violence with a
warrant issued under this Act or without a warrant. (2) A police officer may arrest a person for an offence of domestic violence without a
warrant where
(a) an act of domestic violence is committed in the presence of the police offi
cer,
(b) the police officer is obstructed by the person in the execution of police du
ties, or
(c) the person has escaped or attempts to escape from lawful custody. (3) A police officer may arrest a person without a warrant on reasonable suspicion
that that person
(a) has committed an offence of domestic violence, or
(b) is about to commit an offence of domestic violence and there is no other
way to prevent the commission of the offence. (4) A police officer may arrest a person without warrant if the officer has reasonable
cause to believe that the person has contravened or is contravening a protection order
issued under section 13 or 14. 10.

f the officer has reasonable
cause to believe that the person has contravened or is contravening a protection order
issued under section 13 or 14. 10.

Arrest without warrant by person other than police officer
(1) A person other than a police officer may arrest without warrant, another person if
that other person commits an act of domestic violence in the presence of the person. (2) A person other than a police officer may arrest without warrant, another person
where the person has reasonable suspicion that the other person has committed an offence
of domestic violence. (3) A person who effects an arrest under subsections (1) and (2) shall within a rea
sonable time hand over the person arrested to the police. Protection Orders
11. Jurisdiction of Court
(1) A court with original jurisdiction may hear and determine a matter of domestic
violence under this Act. (2) The Court may in the exercise of its jurisdiction issue a protection order. 12. Application for protection order
(1) A person referred to in this Act as the applicant, may apply to a court for a protec
tion order to prevent
(a) another person, referred to in this Act as the respondent
(b) a person associated with the respondent, or
(c) both a respondent and a person associated with the respondent,
[Issue 2] III - 2620

the respondent
(b) a person associated with the respondent, or
(c) both a respondent and a person associated with the respondent,
[Issue 2] III - 2620

ACT 732
Domestic Violence Act, 2007
from carrying out a threat of domestic violence against the applicant or to prevent the
respondent, an associated respondent or both from further committing acts which consti
tute domestic violence against the applicant. (2) The application may be filed in a court situated where
(a) the applicant resides, carries on business or is employed,
(b) the respondent resides, carries on business or is employed, or
(c) the act of domestic violence occurred or is occurring. (3) The application shall be made ex parte, unless the Court otherwise orders it to be
on notice. (4) A court before which criminal proceedings in relation to domestic violence is
pending may on its own volition, considering the circumstances of the case, or on an ap
plication by the victim issue a protection order in respect of the victim. 13. Conduct of proceedings
(1) Proceedings for a protection order shall be held in private in the presence of the
parties, their lawyers and any other person permitted by the Court to be present.

r a protection order shall be held in private in the presence of the
parties, their lawyers and any other person permitted by the Court to be present.

(2) Despite subsection (1) where the Court is of the view that the presence of the re
spondent is likely to have a serious adverse effect on the victim or a witness, the Court
may take the steps that it considers necessary to separate the respondent from the victim
or the witness, without sacrificing the integrity of the proceedings. (3) Subject to section 12 (3) an application for a protection order shall be heard by
the Court within a period of fourteen days after the filing of the application. (4) The Court may request a social or psychological enquiry report or both a social
and psychological enquiry report on any of the parties to the proceedings and the report
shall be prepared and submitted to the Court by a social welfare officer or a clinical psy
chologist as appropriate. (5) The report shall contain details of the circumstances of the domestic violence, an
assessment of the effect of the violence and any other information considered expedient
by the social welfare officer or the clinical psychologist. 14.

ssessment of the effect of the violence and any other information considered expedient
by the social welfare officer or the clinical psychologist. 14.

Interim protection order
(1) Where an application is made ex parte to the Court for a protection order, the
Court shall issue an interim protection order if it considers the order to be the best interest
of the applicant. (2) In determining whether it is in the best interest of the applicant to issue an interim
protection order, the Court shall consider,
(a) whether there is risk of harm to the applicant or a relation or friend of the
applicant if the order is not made immediately;
(b) whether it is likely that the applicant will be deterred or prevented from
pursuing the application if an order is not made immediately; and
HI-2621 [Issue 2]

it is likely that the applicant will be deterred or prevented from
pursuing the application if an order is not made immediately; and
HI-2621 [Issue 2]

ACT 732
Domestic Violence Act, 2007
(c) whether there is reason to believe that the respondent is deliberately evad
ing service of notice of the proceedings and the applicant, or a person in a
domestic relationship with the respondent will be prejudiced by the delay
involved in effecting service. (3) An interim protection order shall be for a period of not more than three months. (4) The Court shall when making an interim protection order, where the respondent is
not already before the Court, summon the respondent to appear within the period of three
months to show cause why the interim order should not be made final. (5) Where the respondent, without reasonable cause, fails to appear before the Court
in accordance with subsection (4), the order shall become final. (6) Where an application is made on notice to the Court for a protection order and the
Court is of the opinion that
(a) the respondent has committed, is committing, or is likely to commit an act
of domestic violence, and
(b) the applicant may suffer significant harm if a protection order is not issued,
the Court may issue an interim protection order pending the consideration of the order
applied for. 15.

cant harm if a protection order is not issued,
the Court may issue an interim protection order pending the consideration of the order
applied for. 15.

Grant of protection order
(1) The Court may issue a protection order to prohibit a respondent from committing
or threatening to commit an act of domestic violence personally or otherwise against an
applicant or a relation or a friend of the applicant.

mmitting
or threatening to commit an act of domestic violence personally or otherwise against an
applicant or a relation or a friend of the applicant.

(2) The protection order may prohibit the respondent from
(a) physically assaulting or using physical force against the applicant or any
relation or friend of the applicant;
(b) forcibly confining or detaining the applicant or a relation or friend of the
applicant;
(c) depriving the applicant access to adequate food, water, clothing shelter or
rest;
(d) forcing the applicant to engage in a sexual contact;
(e) engaging in a sexual conduct that abuses, humiliates or degrades the appli
cant or otherwise violates the applicant’s sexual integrity;
( depriving or threatening to deprive the applicant of
(i) economic or financial resources to which the applicant is entitled by
law including household mortgage repayments or rent payments in
respect of shared accommodation, and
(ii) household chattels required by the applicant as a matter of necessity;
(g) contacting the applicant at work or other places frequented by the applicant;
(h) contacting the applicant by telephone or any form of communication;
(i) disposing of or threatening to dispose of movable or immovable property in
which the applicant has a material interest;
[Issue 2] III - 2622

tion;
(i) disposing of or threatening to dispose of movable or immovable property in
which the applicant has a material interest;
[Issue 2] III - 2622

ACT 732
Domestic Violence Act, 2007
() destroying or damaging, or threatening to destroy or damage property in
which the applicant has a material interest;
(k) hiding or hindering the use of property in which the applicant has a mate
rial interest;
(I) threatening to abuse the applicant;
(m) harassing the applicant;
(n) entering the applicant’s residence without consent, where the parties do not
share the same residence;
(o) emotionally, verbally or psychologically abusing the applicant;
(p) coming within fifty metres of the applicant; or
(q) doing an act which the Court considers is not in the best interest of the ap
plicant. 16. Duration of final protection order
A final protection order issued by a court shall not exceed twelve months in the first
instance but may for good cause shown, be extended, modified or rescinded by the Court
on a motion by a party to the original proceeding. 17.

he first
instance but may for good cause shown, be extended, modified or rescinded by the Court
on a motion by a party to the original proceeding. 17.

Conditions of protection order
(1) Subject to section 14, a protection order may
(a) bind the respondent to be of good behaviour,
(b) direct the respondent to seek counseling or other rehabilitative service,
(c) direct the respondent to relocate and continue to pay any rent, mortgage
payment and maintenance to the applicant,
(d) require the respondent to relinquish property to the applicant and pay the
applicant for damage caused to the property of the applicant, and
(e) require the respondent to pay for medical expenses incurred by the victim
as a result of the domestic violence. (2) In addition to the provisions in subsection (1), the Court may make any other or
der that it considers necessary for the health, safety and welfare of the applicant having
regard to the recommendation in a social and psychological enquiry report. (3) A court may not refuse to issue a protection order or impose any other condition
solely on the.grounds that other legal remedies are available to the applicant. 18.

t refuse to issue a protection order or impose any other condition
solely on the.grounds that other legal remedies are available to the applicant. 18.

Reference to Family Tribunal
(1) Where there is a need for special protection for a child, the Court may refer mat
ters concerned with the temporary custody of a child in a situation of domestic violence
to a Family Tribunal. (2) Any matter connected with domestic violence in which a child is the perpetrator
shall be referred to a juvenile court. Ill -2623 (Issue 2]

ibunal. (2) Any matter connected with domestic violence in which a child is the perpetrator
shall be referred to a juvenile court. Ill -2623 (Issue 2]

ACT 732
Domestic Violence Act, 2007
19. Extension of protection order to other persons
A court may extend a protection order to a person specified in the order other than the
applicant if the Court is satisfied that
(a) the respondent is engaging in or has engaged in behaviour which would
amount to domestic violence against the person specified in the order, re
ferred to as the specified person, if the specified person were or had been in
a domestic relationship with the respondent;
(b) the respondent’s behaviour towards the specified person is due, in whole or
in part to the applicant’s relationship with the specified person; or
(c) the extension of the protection order is necessary for the protection of the
specified person. 20. Occupation order
(1) Where the Court in issuing a protection order considers it expedient to issue an
occupation order, the Court may issue the order requiring the respondent to vacate the
matrimonial home or any other specified home,
(2) The Court shall issue the order only after the consideration of a social and a psy
chological enquiry report prepared by a social welfare officer and a clinical psychologist.

e order only after the consideration of a social and a psy
chological enquiry report prepared by a social welfare officer and a clinical psychologist.

(3) The Court shall consider the effect of the order or omission of the order on the
health, education and development of the family where the applicant and the respondent
are in a marital relationship. (4) A landlord shall not evict an applicant solely on the basis that the applicant is not
a party to a lease where the Court gives exclusive occupation of the residence which is
the subject of the lease to the applicant. (5) In furtherance of subsection (4), the landlord shall provide the details of the lease
to the applicant on request. 21. Power to discharge protection order
(1) A court may discharge a protection order on an application on notice by an appli
cant or a respondent. (2) The Court may discharge the order even if the order is
(a) for the benefit of a specified person on the order other than the applicant, or
(b) against an associated respondent. (3) If an order is discharged under subsection (2) the order shall cease to have effect
for the benefit of a specified person or associated respondent as if either of them had ap
plied for or been granted a discharge of the order.

effect
for the benefit of a specified person or associated respondent as if either of them had ap
plied for or been granted a discharge of the order.

(4) Where an order is for the benefit of a specified person or against an associated re
spondent, either of them may apply for the order to be discharged in so far as it applies to
them. [Issue 2] III - 2624

on or against an associated re
spondent, either of them may apply for the order to be discharged in so far as it applies to
them. [Issue 2] III - 2624

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Domestic Violence Act, 2007
(5) An application may be made under this section for the discharge of an interim or
der in which case the Court shall fix a hearing date as soon as practicable but not later
than thirty days after the filing of the application unless there are special circumstances. 22. Contravention of a protection order
(1) A person who contravenes a protection order commits an offence and is liable on
a summary conviction to a fine of not less than five penalty units and not more than five
hundred penalty units or to a term of imprisonment of not less than one month and not
more than two years or to both. (2) Any person convicted of a subsequent offence of contravening a protection order
is liable on summary conviction to a fine of not less than two hundred and fifty penalty
units and not more than one thousand penalty units or to a term of imprisonment of not
more than three years or to both. Miscellaneous Provisions
23.

units and not more than one thousand penalty units or to a term of imprisonment of not
more than three years or to both. Miscellaneous Provisions
23.

Relation of Act to Criminal Code
The punishment piovided for in section 3 (2) of this Act applies only to offences
which under the Criminal Code, 1960 (Act 29) are misdemeanours and shall not apply to
any offence that is aggravated oi the punishment for which under the Criminal Procedure
Code, 1960 (Act 30) is more than three years imprisonment and in any other case the
provisions of Act 30 in relation to punishment for the specific offence shall apply. 24. Court to promote reconciliation
(1) Despite section 22, if in a criminal trial in respect of domestic violence which is
not aggravated or does not require a sentence that is more than two years,
(a) the complainant expresses the desire to have the matter settled out of court,
the Court shall refer the case for settlement by an alternative dispute resolu
tion method, or
(b) the Court is of the opinion that the case can be amicably settled, the Court
may with the consent of the complainant refer the case for settlement by an
alternative dispute resolution method.

can be amicably settled, the Court
may with the consent of the complainant refer the case for settlement by an
alternative dispute resolution method.

(2) Where a case is referred for settlement, the Court shall in addition;
(a) refer the complainant and the accused for counseling,
(b) where necessary, require the accused to receive psychiatric help, or
(c) in consultation with the Department of Social Welfare appoint a probation
officer to observe and report on the subsequent conduct of the accused to
the Court. (3) Where a probation officer appointed under subsection (2) reports that the accused
has engaged in any act of domestic violence after the settlement, the accused shall be
brought before the Court and prosecuted under section 22. Ill -2625 [Issue 2]

any act of domestic violence after the settlement, the accused shall be
brought before the Court and prosecuted under section 22. Ill -2625 [Issue 2]

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Domestic Violence Act, 2007
25. Publication of proceedings
(1) Except with the leave of the Court, a person shall not publish a report of the pro
ceedings under this Act other than criminal proceedings. (2) In a report of criminal proceedings under subsection (1), the reporter shall protect
the identity of the victim. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable
on summary conviction to a fine of not more than two hundred and fifty penalty units or a
term of imprisonment of not more than twelve months or to both. 26. Criminal charges and protection
The institution of a criminal charge arising from acts of domestic violence shall be in
addition to and shall not affect the rights of an applicant to seek a protection order under
this Act. 27. Civil claim for damages
Proceedings under this Act shall be in addition and shall not derogate from the right
of a person to institute a civil action for damages. 28. Procedure rules for domestic violence
The rules of the specific Court shall, where action under the Act is instituted, apply as
appropriate to the provisions of this Act. 29.

stic violence
The rules of the specific Court shall, where action under the Act is instituted, apply as
appropriate to the provisions of this Act. 29.

Establishment of Fund
There is established by this Act a Victims of Domestic Violence Support Fund. 31. Objectives of the Fund
The moneys of the Fund shall be applied
(a) towards the basic material support of victims of domestic violence,
(b) for training the families of victims of domestic violence,
(c) for any matter connected with the rescue, rehabilitation, and reintegration
of victims of domestic violence,
(d) towards the construction of reception shelters for victims of domestic vio
lence in regions and districts, and
(e) for training and capacity building of persons connected with the provision
of shelter, rehabilitation and reintegration. 31. Sources of money for the Fund
The moneys for the Fund include
(a) voluntary contributions to the Fund from individuals, organisations and the
private sector;
(b) moneys approved by Parliament for payment into the Fund, and
[Issue 2] III - 2626

the Fund from individuals, organisations and the
private sector;
(b) moneys approved by Parliament for payment into the Fund, and
[Issue 2] III - 2626

ACT 732
Domestic Violence Act, 2007
(c) moneys from any other source approved by the Minister responsible for
Finance. 32. Management of the Fund
(1) The Fund shall be managed by the Board established in section 35. (2) Moneys for the Fund shall be paid into a bank account opened for the purpose by
the Board. 33. Accounts, audit and financial year
(1) The Board shall keep books of account for the Fund and proper records in relation
to them, in the form approved by the Auditor-General. (2) The Board shall submit the accounts of the Fund to the Auditor-General for audit
within three months after the end of the financial year. (3) The Auditor-General shall, not later than three months after receipt of the ac
counts, audit the account and forward a copy of the audit report to the Minister. (4) The financial year of the Fund shall be the same as the financial year of the Gov
ernment. 34. Annual report of the Fund
(1) The Minister shall within one month after receipt of the audit report submit an
annual report to Parliament, coveiing the activities and operations of the Fund for the
year to which the report relates.

f the audit report submit an
annual report to Parliament, coveiing the activities and operations of the Fund for the
year to which the report relates.

(2) The annual report shall include
(a) the audited accounts of the Fund and the Auditor-General’s report on the
account of the Fund, and
(b) other information that the Minister may consider necessary. 35. Establishment of Victims of Domestic Violence Management Board
There is established by this Act, Victims of Domestic Violence Management Board. 36. Composition of the Management Board
(1) The Management Board consists of
(a) the chairperson who is the Minister responsible for Women and Children’s
Affairs, or the representative of that Minister,
(b) one representative of the Attorney-General not below the level of Principal
State Attorney,
(c) one representative of the Ministry for Local Government not below the
rank of a Deputy Director,
(d) one representative of the Ministry for Health not below the rank of Deputy
Director,
(e) one representative of the Ministry for Education not below the rank of a
Deputy Director,
Ill -2627 [Issue 2]

t below the rank of Deputy
Director,
(e) one representative of the Ministry for Education not below the rank of a
Deputy Director,
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ACT 732
Domestic Violence Act, 2007
() one representative from the Police Service not below the rank of Assistant
Superintendent,
(g) one representative from the Department of Social Welfare not below the
rank of a Deputy Director,
(h) two representatives of civil society organisations, and
(i) four persons nominated by the President. (2) The Chief Director of the Ministry or a representative of the Chief Director shall
be the secretary to the Board. (3) The members of the Management Board other than the Minister and the Director
of Social Welfare shall be nominated by the institutions concerned. (4) The members of the Management Board shall be appointed by authority of the
President. 37.

elfare shall be nominated by the institutions concerned. (4) The members of the Management Board shall be appointed by authority of the
President. 37.

Functions of the Management Board
The Management Board shall
(a) make recommendations for a national plan of action against domestic vio
lence and monitor and report on the progress of the national plan of action
through the Minister;
(b) advise the Minister on policy matters under this Act;
(c) propose and promote strategies to prevent and combat domestic violence;
(d) liaise with Government agencies and organisations to promote the rehabili
tation and reintegration of victims of domestic violence;
(e) prepare guidelines for disbursement from the Fund;
() manage the Fund;
(g) conduct research
(i) on international and regional developments, and
(ii) into standards for dealing with matters of domestic violence, and
(h) deal with any matter concerned with domestic violence. 38. Meetings of the Management Board
(1) The Management Board shall meet at least once every three months. (2) The quorum at a meeting of the Management Board is five members.

ement Board
(1) The Management Board shall meet at least once every three months. (2) The quorum at a meeting of the Management Board is five members.

(3) The chairperson or the representative of the chairperson shall convene and preside
at meetings of the Management Board and in the absence of the chairperson a member of
the Management Board elected by the members present from among their number shall
preside. (4) Matters before the Management Board shall be decided by a majority of the mem
bers present and voting and in the event of equality of votes, the person presiding shall
have a casting vote. [Issue 2] III-2628

majority of the mem
bers present and voting and in the event of equality of votes, the person presiding shall
have a casting vote. [Issue 2] III-2628

ACT 732
Domestic Violence Act, 2007
(5) The Management Board may co-opt a person to attend its meeting but the co
opted person may not vote on a matter for decision by the Management Board. (6) Subject to the provisions of this section, the Management Board may determine
the procedure for its meeting. 39. Allowances
Members of the Management Board shall be paid allowances approved by the Minis
ter in consultation with the Minister responsible for Finance. 40. Secretariat of the Management Board
(1) The Management Board shall have a secretariat. (2) The secretariat of the Management Board shall be located at the Ministry, which
shall provide the facilities and personnel for the performance of the functions of the Man
agement Board. 41.

shall be located at the Ministry, which
shall provide the facilities and personnel for the performance of the functions of the Man
agement Board. 41.

Regulations
The Minister responsible for Justice on the advice of the Minister responsible for
Women and Children’s Affairs may by legislative instrument make Regulations to
(a) provide forms necessary for the purpose of this Act;
(b) prescribe the training of the police and court officials on domestic violence
in consultation with the relevant institutions;
(c) provide for education and counseling of victims and perpetrators of domes
tic violence;
(d) provide for education and counseling in domestic relationships;
(e) prescribe shelter for victims in consultation with the relevant institutions;
() provide for enhancement of social welfare services for victims;
(g) provide the modalities for the provision of free medical treatment for vic
tims;
(h) provide financial assistance to victims of domestic violence in case of im
prisonment of a spouse; and
(7) provide for the effective implementation of this Act. 42.

ial assistance to victims of domestic violence in case of im
prisonment of a spouse; and
(7) provide for the effective implementation of this Act. 42.

Interpretation
In this Act, unless the context otherwise requires,
“ abuse” means conduct that harms or may cause imminent harm to the safety,
health or well-being of the complainant;
“applicant” means a person who applies for a civil protection order under this
Act;
“associated respondent” means a person associated with another person against
whom an application for a civil protection order has been brought;
“child” means a person below eighteen years;
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her person against
whom an application for a civil protection order has been brought;
“child” means a person below eighteen years;
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ACT 732
Domestic Violence Act, 2007
“complainant” means a person who is or has been in a domest relationship with a
respondent and is or has been subjected or allegedly subjected to an act of domestic
violence and who makes a complaint to the police;
“ Court” means the High Court, Circuit Court or District Court;
“ harassment” means sexual contact without the consent of the person with whom
the contact is made, repeatedly making unwanted sexual advances, repeatedly follow
ing, pursuing, or accosting a person or making persistent, unwelcome communication
with a person and includes,
(a) watching, loitering outside or near a building where the harassed person
resides, works, carries on business, studies or happens to be;
(b) repeatedly making telephone calls or inducing a third person to make tele
phone calls to the harassed person, whether or not conversation ensues;
(c) repeatedly sending, delivering or causing the delivery of letters, telegrams,
packages, facsimiles, electronic mail or other objects or messages to the
harassed person’s residence, school or workplace; or
(d) engaging in any other menacing behaviour;
“household chattels” include jewellery, clothes, furniture and furnishings, refrig
erator, television, radiogram, other electrical and electronic appliances, kitchen and
laundry equipment, simple agricultural equipment, hunting equipment, books, motor
vehicles other than vehicles used wholly for commercial purposes and household live
stock;
“interim protection order” means an order made by the Court under section 13
pending the final determination of an application;
“ intimidation” means intentionally inducing fear in another person by
(a) threatening to abuse that person or a third party,
(b) threatening to damage, destroy or dispose of property in which that person
or a third party has a material interest, or
(c) exhibiting a weapon before that person;
“ marriage” includes marriage under any custom or religion;
“ Minister” means the Minister responsible for Women and Children Affairs;
“ Ministry” means the Ministry responsible for Women and Children Affairs;
“ next friend” means a person who intervenes to assist a child to bring a legal ac
tion;
“ order” means a protection order;
“ organisation” means a non-Governmental organisation;
“physical abuse” means
(a) physical assault or any use of physical force against another person,
(b) forcibly confining or detaining another person, or
[Issue 2] III-2630

ns
(a) physical assault or any use of physical force against another person,
(b) forcibly confining or detaining another person, or
[Issue 2] III-2630

ACT 732
Domestic Violence Act, 2007
(c) depriving another person of access to adequate food, water, clothing, shel
ter or rest;
“place of safety” means piemises where the welfare of a victim of domestic vio
lence is assured;
“protection order” means an order made by the Court under sections 14, 15 and
16 on the final determination of an application.
“respondent” means a person who is or has been in a domestic relationship with a
complainant and who has committed or allegedly committed an act of domestic vio
lence against the complainant; and
“social welfare officer” includes a probation officer.
111-2631 [Issue 2]