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Act
Domestic Violence Act
2010
PART II-CONTROL OF DOMESTIC YlOLE CE
4.
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 conviction to a fine not
exceeding forty eight cuJTency points or imprisonment not exceeding
two years or to both.
(3) The court may, in addition to imposing a fine or
imprisonment, order the offender in a case of domestic violence to
pay compensation to the victim of an amount determined by the court.
(4) In determining the compe nsation under subsection (3), the
court shall be guided by the principles in the Second Schedule.
5.
Consent not a defence in domestic violence.
The consent of the victim shall not be a defence to a charge of
domestic violence under this Act.
6.
Proceedings in local council courts.
(1) A comp laint of domestic violence may be made to a local
council court where the victim or perpetrator resides.
(2) Upon receipt of a complaint, the court shall make a record of
the complaint and proceed to hear the matter in the manner prescribed
under the Local Council Courts Act, 2006.
(3) In recording a case of domestic violence, the local council
court shall record the following matters(a) the name, sex, age, tribe, religion and disability, if any and the
occupation and marital status of both the victim and
perpetrator;
(b) the name, sex , age, tribe, reli gion and disability, if any and
occupation of the victim 's representative if any, and the
capacity in which the complaint is made;
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