The protection order

IF you are being abused, it is possible to seek the protection of the courts in stemming the physical or mental harm you face. The court is obligated under the Domestic Violence Act to grant you a protection or restraining or occupation order if you are being stalked or ill-treated.

You can seek a restraining order regardless of whether you are a man, woman or child, and irrespective of your relationship to your abuser.

The court may grant a restraining or protection order to prevent the other person from entering or remaining in the house you share. It will also outline other areas which are off limits to your abuser such as your workplace, school or in the area in which your house, place of work or school is located.

You can still get a restraining order whether you are a spouse, are in a visiting relationship, or are a parent, since the Domestic Violence Act gives everyone access to punitive criminal actions in the courts and also to protective remedies under the law. The penalty for violating a restraining order is $10,000 or six months’ imprisonment.

Married women can also seek occupation orders against their abusive husbands from the Supreme Court under the Matrimonial Causes Act. An occupation order, if granted, would result in the husband being put out of the matrimonial home, or restricted to certain parts of it. A person against whom the order has been made would be given the opportunity to show the court why it should be discharged if they are of this view.

For the general public, however, a restraining order is sought through the Family Court.