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.
