Domestic Violence (Protection Orders) Act Chapter 99A

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. As explained in Section 8, the Magistrates Court is able to issue a variety of orders to protect victims, such as interim protection orders, ouster orders, and orders that prohibit a respondent from engaging in specified conduct. However, Section 9 directs the Magistrates Court to consider hardship, accommodation needs, and the welfare of children, among other circumstances, in its determination of whether to grant an order. In cases of immediate or bodily harm, Section 14 provides that the Magistrates Court may attach a power of arrest to the protection order, allowing a police officer to intervene swiftly. Moreover, Sections 23 and 27 address victim protection and confidentiality, as they restrict the publication of parties’ identities and require police officers to report incidents and assist victims. Lastly, Section 29 describes the State’s responsibility to provide counseling, shelter services, and other forms of support for victims of domestic violence and abuse. 

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  • 2010

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Jurisdiction