878
The Protection Against Domestic Violence Bill, 2013
MEMORANDUM OF OBJECTS AND REASONS
This Bill, which has been submitted to the Committee by the
Attorney-General, seeks t1J recognize that domestic violence in all its
forms is unacceptable behaviour, to provide for the intervention of the
courts to reduce and prevent violence in domestic relationships and to
ensure that where domestic violence occurs, there is effective legal
protection and relief for its victims.
The Bill makes provision for the protection and relief of victims of
domestic violence and the protection of a spouse, child and any
dependents. The Bill defines the terms domestic violence, domestic
relationship and family member.
Part II of the Bill sets out the duties of police officers in relation to
domestic violence. It provides for application for protection orders by a
person who is or has been in a domestic relationship with the respondent.
It also provides that any person who is or has been in a domestic
relationship with another person may apply to court for a protection order
in respect of that other person. The Part also provides for application for a
protection order by a child or a person who is unable by reason of physical
or mental intellect through a parent or guardian, a childrens officer, the
Director of Childre_n Services or a police officer.
The Part empowers the court to issue protection orders if it is
satisfied that the respondent has used domestic violence against the
applicant or a child of the applicant's family, or both and that the order is
necessary for the protection of such applicant or child.
The Part further sets out the standard contents of a protection order
which order bars the respondent from engaging in any conduct
constituting domestic violence, including physically or sexually abusing a
protected person, damaging or threatening to damage any property,
intimidating the protected person or engaging in economic abuse or
cultural or customary rites or practices that abuse the protected person.
The respondent may, in exceptional circumstances and as a temporary
measure, be excluded from the shared residence or a specified part thereof,
if the court is satisfied that there is no other way of securing the personal
safety of any protected person for the time being.
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières