1986 Ed.]
Domestic Violence
[CAP. 189
1
CHAPTER 189
DOMESTIC VIOLENCE
To provide protection of persons from domestic violence and for matters ancillary thereto.
Originally
48 of 1986.
[19 December 1986.]
1. This Ordinance may be cited as the Domestic Violence Ordinance.
2. (1) In this Ordinance, unless the context otherwise requires---
"child" means a person under the age of 21 years;
"matrimonial home" includes a home in which the parties to a marriage ordinarily reside together whether or not it is occupied at the same time by other persons.
(2) Subject to section 6(3) this Ordinance shall apply to the cohabitation of a man and a woman as it applies to marriage and references in this Ordinance to "marriage" and "matrimonial home" shall be construed accordingly.
3. (1) On an application by a party to a marriage the District Court, if it is satisfied that the applicant or a child living with the applicant has been molested by the other party to the marriage and subject to section 6, may grant an injunction containing any or all of the following provisions---
(a) a provision restraining that other party from molesting the applicant;
(b) a provision restraining that other party from molesting any child living with the applicant;
(c) a provision excluding that other party from the matrimonial home, or from a specified part of the matrimonial home, or from a specified area whether or not the matrimonial home is included in that area;
(d) a provision requiring that other party to permit the applicant to enter and remain in the matrimonial home or in a specified part of the matrimonial home,
whether or not any other relief is being sought in the proceedings.
(2) In the exercise of its jurisdiction to grant an injunction containing a provision mentioned in subsection (1)(c) or (d) the District Court shall have regard to the conduct of the parties, both in relation to each other and otherwise, to their respective needs and financial resources, to the needs of any child living with the applicant and to all the circumstances of the case.
L.N. 305/86.
Short title.
Interpretation and application.
Power of District Court to grant injunction.
[cf. 1976 c. 50, s. 1.]