protection or restraining order

This decision provides that complaints of domestic violence must be channeled through the Permanent Attention Office. This Office is responsible for receiving all types of domestic or intra-family violence claims, without making any distinction based on the sex or age of the victims. Since violence against women constitutes a violation of human rights, the creation of the Office is intended to streamline judicial proceedings, serving victims of physical or mental abuse in a timely and efficient manner.

In 2011, Lucia Sandoval informed her husband that she had filed a domestic violence complaint and obtained a protection measure against him, which required him to leave their home. In response, Sandoval’s husband threatened her with a gun and, in her attempt to escape, a physical fight ensued, and the gun was fired, resulting in her husband’s death. Subsequently, Sandoval was charged with the intended homicide of her husband and spent over three years in prison.

Case No. 363-15-EP (2021)

The Domestic Violence (Protection Orders) Act of The Bahamas establishes the framework and process through which victims of domestic violence may obtain a protection order from the Magistrates Court. Section 2 broadly defines domestic violence as physical, sexual, emotional, psychological, and financial abuse, which includes conduct such as harassment, stalking, and intimidation. Under this Act, a spouse, partner, child, dependant, or other household member who has been subjected to or threatened with domestic violence may apply for a protection order.

The Domestic Violence (Summary Proceedings) Act of 1999 creates various remedies addressing domestic violence, including; protection orders, removing the abuser from the home or workplace, occupation orders granting a right to remain in the household residence, tenancy orders vesting the tenancy in the person who applied for the order, and other orders regarding use of furniture and household effects, the payment of rent, mortgage payments, utilities, counseling, and other means of victim support. 

The Domestic Violence Act 2015 is intended to provide increased protection for victims of domestic violence and provides for the granting of protection orders in Antigua and Barbuda. The Act imposes a duty on police officers to inform victims of the rights specified in the Act, authorizes courts the power to grant interim protection orders, and sets out prohibitions and conditions that may be imposed under protective orders.

In the case Head v. Robichaux, 265 So. 3d 813 (2018), Robichaux (defendant) began persistently contacting the plaintiff through social media, and posted a photo of her online, despite her numerous requests for him to stop. Although she blocked him and changed her number, Robichaux continued to create new social media accounts and phone numbers in an attempt to contact her.

The respondent successfully obtained a temporary protection order against her husband, Jesus C. Garcia, under Republic Act No. 9262, which defines and criminalizes acts of domestic violence against women and their children. The husband appealed, claiming the Act was unconstitutional because it favored women as victims of violence and abuse to whom the State offers its protection.

Dinzel and Christine Karch were married with three children. Christine sought and was granted a protection from abuse (“PFA”) order for an incident in March of 2004 where Dinzel had placed his hands around her neck and threatened to snap her neck.

Criminal Code of the Federation of Bosnia and Herzegovina (2003), as amended.