protection order

The Offences Against the Person Act of Trinidad and Tobago encompasses various crimes relating to the right to bodily autonomy. Section 3 criminalizes rape as defined by English law. Sections 30A and 30B address harassment and causing fear of violence; persistent unwanted contact may lead to a fine or up to six months in prison, while inducing fear can result in a larger fine or up to five years imprisonment. Courts may also issue protection or compensation orders, covering medical and legal expenses. Section 48 punishes the abduction of girls under 14 with up to two years in prison.

Article 10 (Protection Measures against Domestic Violence) provides the court with the power to order, among other things, the immediate removal of the perpetrator from the place of residence for a certain period of time, the prohibition of the perpetrator from being within a certain distance of the victim, a court officer to accompany the victim or the perpetrator to the victim’s residence to remove personal belongings, and the perpetrator to pay rent as well as certain support contributions to the victim, children, or other members of the family under their care.

The plaintiff was a police officer with the Humboldt Police Department. While off duty, she ran into an ex-boyfriend against whom she had a protective order. Based on this encounter, she filed a criminal charge against him for violating the order. The chief of police commenced an internal affairs investigation into her charges, and her ex-boyfriend filed a criminal charge against her for filing a false charge. While both charges were pending, the plaintiff informed the chief of police that she was pregnant.

The Prevention of Domestic Violence Act defines and prohibits domestic and related gender-based violence, as well as provides for legal remedies and ancillary issues (e.g., financial wellbeing of abused persons). Protection orders can be obtained under the Act by, and not limited to, (a) an abused spouse, (b) a child subjected to domestic violence, and/or (c) a parent who has a child in common with the abuser. Protection orders can require respondents to refrain from further acts of violence as well as bar them from areas frequented by the abused person, including their own homes.

An army officer was convicted for breaching an interdict issued by a magistrate ordering him not to assault his wife or prevent her or their child from leaving their home.  He appealed to the Transvaal High Court which declared that Section 3(5) of the Prevention of Family Violence Act was unconstitutional to the extent that it placed the burden on him to disprove his guilt.

The plaintiff filed a petition for a protective order against the defendant, her ex-boyfriend.  The two  ended their relationship in 2007, but from 2009 to 2012, the defendant made repeated, unsuccessful attempts to re-establish contact with the plaintiff via e-mail and social media.  In 2013, the defendant escalated his attempts, first driving to the plaintiff ’s parents’ home in Canton, Ohio, and approaching her father at 6:20 a.m.

Supreme Decree No. 014-2019-MIMP is the regulation related to Law No. 27942. The Decree sets forth the framework to prevent, investigate, and punish those who commit sexual harassment.

A citizen of Somalia sought a protection order on the basis that she feared persecution due to her status as young, a Somali and a woman. The application asserted that she had been sentenced to death by stoning for adultery in Somalia. The Refugee Review Tribunal denied the application, finding the applicant not credible and holding that neither married nor divorced Somalia women constituted a protected group. The court held that the Tribunal erred because it did not examine whether the law against adultery was applied and administered in Somalia in a discriminatory manner.

This Act allows mayors to impose a 10-day restraining order if it appears from facts or circumstances that an individual’s presence at a residential property seriously and immediately endangers the safety of one or more people who live there.  Courts can review the restraining order within three days after its commencement date.  After the 10 days, the mayor may decide to extend the restraining order by another four weeks.  During the 10-day period, the people involved will receive professional and governmental assistance.

The LPDV has a broad definition of domestic violence which includes violence between both cohabiting and non-cohabiting partners. The LPDV is gender-neutral in approach. Police powers include the ability to issue restraining orders and temporary or emergency eviction notices that can be extended by up to 30 days. Violations of such orders carry penalties of up to 60 days in prison. The LPDV also imposes a new duty on the public prosecutor’s office to maintain a central register of domestic violence cases.