Monday, 21 April 2014

Protection Orders

Q: I read some of your posts in your blog about legal rights of Trinidad and Tobago. I noticed there aren't any about restraining orders. I noticed this because I was searching for answers about how to get one...and why do people get them anyway. It would be very helpful for you to post very soon about restraining orders in your online blog.
  

A: Your wish is my command.

According to s.4(2)of the Domestic Violence Act 1999, as amended:
Domestic violence includes physical, sexual, emotional or psychological or financial abuse committed by a person against a spouse, child, any other person who is a member of the household or dependant;

As long as a qualified person has been a victim of, or can potentially become a victim of domestic violence, an application for a Protection Order may be made by—
(a) the spouse of the respondent;
(b) a member of the household of the spouse or respondent, either on his own behalf or on behalf of any other member of the household;
(c) a child—
(i) by consanguinity or affinity of either the spouse or respondent;
(ii) of whom either the spouse or respondent is a guardian; or
(iii) who is or has been a member of the household of the spouse or the respondent;
(d) a dependant;
(e) a parent or sibling by consanguinity or affinity of either the spouse or respondent not being a member of the household;
(f) a person who has a child in common with the respondent; and
(g) a person who is or has been in a visiting relationship with a person of the opposite sex for a period exceeding twelve months.

If you do not fall within one of the aforementioned categories, you cannot file for a protection order, which, to me, is absolutely ridiculous.


The application for a protection order can be made at the Magistrate’s Court in your area or at the Family Court, in conjunction with another matter, such as a custody, maintenance, divorce, etc. 

10 comments:

  1. does protection orders in trinidad apply ONLY to matters concerning those stated above?

    ReplyDelete
  2. Good day. I need some advice. If my brother whose name is on the deed where my mother resides wants to prevent his sisters from entering the property where my mother resides what legal document can he serve us and on what basis?

    ReplyDelete
  3. hi i applied for the variation of a protection order and the judge revoked the protection order that was made against me....can the defendant still be granted a protection order in the future?? although it was revoked by the court?

    ReplyDelete
    Replies
    1. If the incidents are different, one has no bearing on the other.

      Delete
  4. Good evening
    In a case where a child/minor, under 18, is being subjected to verbal, physical and emotional abuse by her mother- can the child file for a protection order? Her mother needs Psychiatric help and her daughter needs to be removed from the home situation.

    ReplyDelete
  5. I am 18 years of age and constantly being abuse emotionally by my mother. I believe this woman is mentally unstable because she constantly threatening to "burst my face" and beat me mercyless. I always want to make a report but I was told because of my age "18" the officers would not take me seriously. I am deciding presently to visit the school's guidence officer. I am hoping for some helpful advice which can get me out of this "hell hole" into safer grounds. There's alot more to this and I do hope I get help for I am very fearful of this woman. I can get a protection order against this beast called "mother"?

    ReplyDelete
  6. I am 18 years of age and constantly being abuse emotionally by my mother. I believe this woman is mentally unstable because she constantly threatening to "burst my face" and beat me mercyless. I always want to make a report but I was told because of my age "18" the officers would not take me seriously. I am deciding presently to visit the school's guidence officer. I am hoping for some helpful advice which can get me out of this "hell hole" into safer grounds. There's alot more to this and I do hope I get help for I am very fearful of this woman. I can get a protection order against this beast called "mother"?

    ReplyDelete
    Replies
    1. Speak to a Social Worker... that's not really the purview of GOs.

      Delete
  7. If a someone has filed for a protection order against you what does the applicant have to prove?

    ReplyDelete
    Replies
    1. 6. (1) A Protection Order may—
      (a) prohibit the respondent from—
      (i) engaging or threatening to engage in
      conduct which would constitute domestic
      violence towards the applicant;
      (ii) being on premises specified in the Order,
      that are premises frequented by the
      applicant including any residence, property,
      business, school or place of employment;
      (iii) being in a locality specified in the Order;
      (iv) engaging in direct or indirect
      communication with the applicant;
      (v) taking possession of, damaging,
      converting or otherwise dealing with
      property that the applicant may have an
      interest in, or is reasonably used by the
      applicant, as the case may be;
      (vi) approaching the applicant within a
      specified distance;
      (vii) causing or encouraging another person to engage in conduct referred to in
      paragraphs (i) to (vi);

      (b) direct that the Order be applied for the benefit of
      a child or dependant of the applicant or
      respondent; and

      (c) direct that the respondent—
      (i) return to the applicant specified property that
      is in his possession or under his control;
      (ii) pay compensation for monetary loss
      incurred by an applicant as a direct result of conduct that amounted to domestic violence
      (iii) pay interim monetary relief to the applicant for the benefit of the applicant and any child,
      where there is no existing order relating to
      maintenance until such time as an obligation
      for support is determined, pursuant to any
      other written law;
      (iv) immediately vacate any place or
      residence for a specified period, whether
      or not the residence is jointly owned or
      leased by the respondent and the applicant, or solely owned or leased by the respondent or the applicant;
      (v) relinquish to the police any firearm
      licence, firearm or other weapon which he
      may have in his possession or control and
      which may or may not have been used;
      (vi) make or continue to make payments in
      respect of rent or mortgage payments for
      premises occupied by the applicant;
      (vii) ensure that reasonable care is provided in
      respect of a child or dependant person;
      (viii) or applicant or both, receive professional counselling or therapy from any person or agency or from a programme which is approved by the Minister in writing.

      Delete

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