On this thread I will focus on the application of a protection as afforded by Section 7 of the Domestic Violence Act

An application for a protection order shall not in any way bar criminal proceedings against a http://respondent.One  can lodge both a police report and an application for a protection order simultaneously.

An application for a protection order can be lodged by either the Complainant or a representative of the Complainant.

A representative of the Complainant could be any of the following: a police officer, a social welfare officer, an employer of complainant, a person acting on behalf of a church or other religious organization, a private voluntary organization concerned with the welfare of victims

This provision was put in the law after the realization that many victims of domestic violence, especially women, were afraid to file cases due to socio-cultural, economic and other factors.

This provision will result in domestic violence becoming everyone’s responsibility. No longer can any person afford to take a hands off approach domestic violence.

One of the major reasons for not reporting cases is also the real fear by women that they will be left destitute if they file for a protection order.

This is done to afford the Complainant the urgent protection they need or if the court is satisfied that the Complainant may suffer undue hardship is the application is not dealt with immediately

The court will then issue an interim protection order upon satisfaction that the respondent has committed or is threatening to commit an act of domestic http://violence.An  interim protection order may be issued out in the absence of the respondent where it is desirable

However the complainants’ representative in the absence of consent by the complainant must seek leave of the court to apply for a protection order.

In determining whether or not to grant permission,the court takes into account the reasons why the consent of the Complainant has not be obtained and whether it is in the best interests of the Complainant that the application be permitted despite the absence of consent