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(2) In addition to the conditions stated in subsection (1), the Court may― (a) direct that any or all of the conditions of an order be applied for the benefit of a child; (b) direct that the respondent― No.
27 of 2015 15 Domestic Violence Act, 2015. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(i) return to the applicant, specified property that is in his or her possession or under his or her control; (ii) pay emergency monetary relief to the applicant; (iii) pay interim monetary relief to the applicant for the benefit of the child or children, where there is no existing order relating to maintenance until s... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) Notwithstanding the foregoing, the Court may impose any additional conditions which it deems reasonably necessary to provide and protect the safety of the applicant, a child or children, including but not limited to an order that a police officer shall accompany the respondent to a specified place to supervise the ... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(4) The Court may direct that any or all of the prohibitions or conditions contained in an Interim Protection Order or a final Protection Order apply for the benefit of a child.
(5) The Court may— (a) refuse the respondent contact with any child if it is shown that such contact is not in the best interests of the chil... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(6) Subject to section 25, the Court shall not refuse to grant an Interim Protection Order or a final Protection Order on the basis that a single act has been committed or a single threat has been made by the respondent, or on the basis that the acts or threats when viewed in isolation, appear to be minor or trivial.
... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
16 No.
27 of 2015 (a) (b) that the Court receive written notification from the counsellor or therapist of sessions missed by the applicant, the respondent or both, as the case may be without reasonable excuse; and the date by which the counsellor or therapist shall submit a report to the Court in respect of the counse... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(8) Where the Court makes an Order which inter alia,— (a) directs that the respondent vacate any shared household; or (b) directs the respondent to return to the applicant any specified property that is in his or her possession or control, the Court may, in the same Order, if it is in the opinion of the Court necessary... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
8. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Matters to be considered by Court In determining whether or not to impose one or more of the prohibitions specified in section 7, the Court shall have regard to the following— (a) the nature, history, or pattern of the domestic violence that has occurred and whether a previous Interim Protection Order or a final Protec... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
No.
27 of 2015 17 Domestic Violence Act, 2015.
9.
Undertaking from respondent (1) In any proceedings pursuant to the provisions of this Act, the Court may at any time before the taking of evidence, accept an undertaking from the respondent given on oath, that the respondent shall not engage in conduct specified in t... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) Where an undertaking is given pursuant to subsection (1) the Court shall make an Interim Protection Order or a final Protection Order, as it deems fit, in respect of the undertaking.
(3) An undertaking may deal with all matters that may be dealt with under an Interim Protection Order or a final Protection Order as... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(4) An undertaking shall remain in force for the period stated in the undertaking, but shall not exceed three years.
(5) Sections 14, 15, 16, Part IV and Part V shall apply in relation to an undertaking as they do to an Interim Protection Order or a Final Protection Order.
10. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Seizure of firearm and dangerous weapons (1) The Court may make an Order directing a police officer to seize any firearm or dangerous weapon in the possession of the respondent, if the affidavit made pursuant to section 5 (3) contains information to the effect that- (a) the respondent has threatened or expressed the in... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) The Court shall direct the Clerk to refer a copy of the affidavit made pursuant to section 5 (3) to the Commissioner of Police, if the Court had ordered the seizure of any firearm pursuant to the provisions of this Act.
Domestic Violence Act, 2015.
18 No.
27 of 2015 11. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
18 No.
27 of 2015 11.
Service of notice of proceedings (1) Upon an application made for an Interim Protection Order pursuant to section 5 and the granting of such order by the Court, a copy of the application and the Interim Protection Order, together with the notice of the date on which, and the time at which the re... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) A notice of the proceedings pursuant to subsection (1) shall be issued in accordance with Form III in Schedule II.
(3) Where an application is filed in respect of a child, a copy of the application, together with notice of the date on which, and the time and place at which, the application is to be heard, shall as... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(4) A notice of proceedings which is issued and served pursuant to this section shall be deemed to be a summons that is duly served pursuant to the rules of the Court’s made pursuant to section 33 and shall compel the respondent to appear in Court to answer to the application.
(5) A notice of proceedings issued pursua... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(6) Where the hearing of an application is adjourned because the application and notice of the proceedings have not been served on the respondent, the time and place fixed by the Court for the adjourned hearing, shall be the date, time and place stated in the new notice of proceedings.
12.
Validity of Interim Protect... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) A copy of the affidavit made pursuant section 5 and the record of any oral evidence noted pursuant to section 5 (10) (b), shall be served on the respondent with the Interim Protection Order.
(3) Upon service or upon receipt of a return of service, the Clerk shall forthwith serve a certified copy of the Interim Pro... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
13.
Power to grant Final Protection Order (1) If the respondent does not appear on the return date as stated pursuant to section 6(4), the Court shall proceed to hear and determine the matter and the Interim Protection Order shall be No.
27 of 2015 19 Domestic Violence Act, 2015. confirmed if the Court is satisfied t... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) If the applicant does not appear either in person or represented by an attorney-at-law or advocate, on the return date as stated pursuant to section 11, and the respondent appears in court, the Court may― (a) dismiss the application; (b) having received a reasonable excuse for the non-appearance of the applicant, a... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) If the respondent appears on the return date in order to show cause as to why the Interim Protection Order should not be confirmed, the matter shall be adjourned to enable the Clerk to notify the applicant of the date of the hearing.
(4) The respondent shall, not less than ten days before the date of hearing, file... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(5) A copy of the affidavits of the respondent shall forthwith be served on the applicant.
(6) The applicant, upon receipt of the affidavits may, before the date of the hearing, file a replying affidavit together with any supporting affidavits with the Clerk in which shall be stated the reasons why the Interim Protect... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(8) On the date of the hearing, the Clerk submit to the Court the ― (a) application for the Interim Protection Order; (b) the Interim Protection Order granted; (c) any supporting affidavits made by the respondent; and (d) any replying affidavits made by the applicant.
(9) At the hearing of the matter, the Court may― D... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(10) At the conclusion of the hearing pursuant to subsection (9) (a) or (b), the Court― (a) may confirm, amend, or set aside the Interim Protection Order; and (b) shall issue an order in accordance with Form V in Schedule II. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(11) The Clerk shall forthwith notify the parties of the result and shall pursuant to the provisions of this Act― (a) (b) serve the original Final Protection Order referred to in subsection (10) on the respondent; serve a certified copy of the Final Protection Order referred to in subsection (10) on the applicant.
(12... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(13) Where a Final Protection Order contains any prohibitions or directions, the Court may specify different periods, none of which shall exceed three years, as the period for which each prohibition or direction shall remain in force.
14. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
14.
Explanation of orders (1) Where the Court proposes to make an Interim Protection Order or a Final Protection Order and the respondent is before the Court, the Court shall explain to the respondent― (a) the purpose, terms and effect of the order; (b) the consequences of failing to comply with the order; and (c) the... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
15.
Service of orders Where an Interim Protection Order or a Final Protection Order is made or varied by the Court – (a) the Clerk shall arrange for the order to be drawn up in accordance with Form VI in Schedule II and filed with the Court; and (b) the Court shall serve a copy of the order on― No.
27 of 2015 21 Dome... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
27 of 2015 21 Domestic Violence Act, 2015.
(i) the respondent; (ii) any other person to whom the order is to apply whether or not the person is a party to the proceedings; and (iii) the police officer in charge of the police station located nearest to the area where the respondent or the applicant resides.
16. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
16.
Service other than personal service (1) Where the Court has not been able to serve notice of proceedings pursuant to section 11 or an Interim Protection Order or a Final Protection Order, upon the respondent personally, he or she may make an order for substituted service of the notice of the proceedings or order, ... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) For the purpose of subsection (1), “substituted service” means― (a) [registered post to the last known address of the respondent; (b) leaving the document at the last known address of the respondent;] ; or (c) service in such manner as the Court may direct.
PART III VARIATION AND REVOCATION OF INTERIM PROTECTION O... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Variation and revocation of orders (1) Where an order is in force, a party to the proceedings in respect of whom the order was made may make an application to the Court in accordance with Form VI in Schedule II, for an order varying or revoking the original Interim Protection Order or Final Protection Order.
(2) On an... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) A copy of an application made pursuant to this section shall be served on each person who is a party to the proceedings in respect of which the original Interim Protection Order or Final Protection Order was made.
(4) The Court shall have regard to the matters specified in section 8, in determining whether to vary... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Breach of orders (1) Subject to subsection (2), a person against whom an order has been made and who― (a) has had notice of the order; and (b) contravenes any provision of the order or fails to comply with any direction of the Court, commits an offence and is liable― (i) (ii) on a first conviction to a fine not exceedi... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) Where an order contains a direction of the Court pursuant to section 7 that the respondent seek counselling or therapy and it is brought to the attention of the Court that the respondent has refused or neglected to comply with such a direction and the Court finds that such refusal or neglect was unreasonable, the r... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
PART V POLICE POWERS OF ENTRY AND ARREST 19.
Duties of police officers (1) A police officer shall respond to every complaint or report alleging domestic violence whether or not the person making the complaint or the report is the victim.
(2) It shall be the duty of a police officer responding to a domestic violence c... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
No.
27 of 2015 23 Domestic Violence Act, 2015.
(3) A domestic violence report shall be in accordance with Form VIII in Schedule II shall include but not be limited to― (a) the name of the parties; (b) the relationship and sex of the parties; (c) information relating to the history of domestic violence between the par... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Issue of warrant (1) Where the Court is satisfied, by information on oath, that― (a) there are reasonable grounds to suspect that a person on a premises has suffered or is in imminent danger of physical injury at the hands of another person in a situation amounting to domestic violence and needs assistance to deal with... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
21.
Police powers of arrest without warrant (1) For the avoidance of doubt, a police officer may act in accordance with the provisions of the Criminal Procedure Act, where he or she has reasonable cause to believe that a person is engaging in or attempting to engage in conduct which amounts to physical violence and fa... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) Nothing in this section authorises the entry onto premises by a police officer, for the purpose of any search or the arrest of any person, otherwise than in connection with the conduct referred to in subsection (1). | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) Where a police officer exercises a power of entry pursuant to subsection (1), he or she shall immediately submit a written report to the Commissioner of Police, through the head of his division where the incident occurred, and the report shall contain the following information― (a) the reasons for entering the prem... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
24 No.
27 of 2015 (b) the offence being committed or about to be committed; and (c) the manner in which the investigation was conducted and the measures taken to ensure the protection and safety of the person at risk.
22. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
22.
Duty of police officer to assist victims Where a police officer has entered onto the premises pursuant to section 4, section 20 and 21 (1) the police officer shall— (a) give assistance to a person who has suffered injury; (b) ensure the welfare and safety of a child who may be on the premises; and (c) prevent any ... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
23.
Warrant of arrest and procedure upon arrest of respondent where Court issues Interim Protection Order (1) In granting an Interim Protection Order pursuant to section 6, the Court may make an Order― (a) (b) authorising the issue of a warrant for the arrest of the respondent, in accordance with Form IX in Schedule I... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) The warrant referred to in subsection (1) shall remain in force unless the Interim Protection Order is set aside. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) A police officer shall— (a) execute a warrant of arrest upon its production and receipt of an affidavit in accordance with Form X in Schedule II wherein it is stated that the respondent has breached any prohibition, condition or obligation or order imposed pursuant to section 7; or (b) arrest the respondent upon re... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
27 of 2015 25 Domestic Violence Act, 2015.
(iii) the warrant of arrest has been lost or destroyed; and (iv) the respondent has breached any prohibition, condition, obligation or order imposed pursuant to section 7.
(4) The Clerk shall issue a second or further warrant of arrest upon the applicant filing an affidavit ... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(5) Subject to the provisions of this Act the provisions of the Criminal Procedure Act relating to the― (a) manner of execution of warrants of arrest; (b) arrest; (c) detention, search, release from custody; and (d) criminal prosecution of the respondent; shall apply with the necessary changes applicable in respect of ... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(6) A respondent arrested pursuant to subsection (3) shall— (a) not be released― (i) unless the Court orders the release; and (ii) the respondent, having been given a reasonable opportunity to do so, adduces evidence which satisfies the Court that the interests of justice permit his or her release from detention in cus... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
26 No.
27 of 2015 (i) an offence contemplated pursuant to section 37; and (ii) any other offence resulting from a complaint lodged by the applicant against the respondent.
24.
Powers of arrest where a Final Protection Order is in force Where a Final Protection Order is in force and a police officer believes on reaso... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
25.
Existing criminal law to apply (1) Subject to subsection (2), where a person is arrested pursuant to section 20 or 21, the person shall be charged in accordance with the relevant provisions of the criminal law for committing or attempting to commit any of the offences and shall be dealt with accordingly. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) Where upon hearing the evidence pursuant to section 13 for the granting of a Final Protection Order, the Court is satisfied that- (a) the incident was an isolated one; (b) there are circumstances which make it desirable to preserve the family unit; and (c) the conduct complained of is not sufficiently grave to warr... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) Where a bond of good behaviour has been entered into pursuant to subsection (2), the Court may prescribe such additional conditions as follows― (a) that the parties receive professional counselling, including family counselling; (b) that the parties report to a probation officer at certain fixed intervals; (c) that... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
27 of 2015 27 Domestic Violence Act, 2015.
(a) (b) (c) the respondent has continued to engage in conduct amounting to domestic violence against the applicant; based on a report form a probation officer, social worker or a police officer, domestic violence is likely to be perpetrated against the applicant ; or the appl... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
PART VI GENERAL 26.
Conduct of proceedings (1) No other person shall be present during the hearing of any proceedings pursuant to the provisions of this Act except— (a) an officer of the Court; (b) parties to the proceedings and their attorneys-at law or advocate; (c) witnesses; or (d) any other person permitted by th... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) Nothing in this section shall limit any other power of the Court to hear proceedings in camera or to exclude any person from the courtroom.
(4) Where an application is made on behalf of a child, the parent or guardian of that child or the person with whom the child normally resides with on a regular basis shall be... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(5) Nothing in this section shall prevent a child or children, on whose behalf an application for an order is made, from being heard in the proceedings and where the child expresses his or her views, the Court shall take account of those views having regard to the age and maturity of the child and the ability of the ch... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
27.
Evidence In any proceedings pursuant to the provisions of this Act, other than criminal proceedings, the Court may receive such evidence as it thinks fit whether it is otherwise admissible in a court of law.
Domestic Violence Act, 2015.
28 No.
27 of 2015 28.
Standard of proof Every question of fact arising in ... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
29.
Restriction of publication of reports (1) Subject to subsection (4), a person shall not publish any report of proceedings pursuant to the provisions of this Act, other than criminal proceedings, except with the leave of the Court.
(2) A person who contravenes subsection (1) commits an offence and is liable on sum... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) Nothing in this section limits― (a) the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to judicial proceedings; or (b) the power of the Court to punish any contempt of Court. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(4) This section shall not apply to the publication of any report in any publication that― (a) is of a bona fide professional or technical nature; or (b) is intended for circulation among members of the legal or medical profession, officers of the public service, police officers, psychologists, marriage counsellors or ... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
31.
Appeals (1) A person aggrieved by― (a) an order of the Court; or (b) the refusal of the Court to make an order; may, within twenty eight days after the decision of the Court appeal to the High Court.
No.
27 of 2015 29 Domestic Violence Act, 2015. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
No.
27 of 2015 29 Domestic Violence Act, 2015.
(2) Except where the Court who makes an order pursuant to the provisions of this Act otherwise directs, the operation of such an order shall not be suspended by virtue of an appeal made pursuant to this section, and every order may be enforced in the same manner and in a... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Protection of mortgage (1) The rights conferred on any person in respect of any property by an order made pursuant to the provisions of this Act shall be subject to the rights of any person entitled to the benefit of the mortgage, security, charge or encumbrance affecting the property if such mortgage, security, charge... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) Notwithstanding anything in any enactment or in any other instrument, no money payable under any mortgage, security, charge or encumbrance shall be called up or become due by reason of the making of the order pursuant to the provisions of this Act.
33. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
33.
Rules of the Court The Chief Justice may make rules regulating the practice and procedure of the Court with respect to proceedings under this Act, providing for such matters as are necessary for giving full effect to the provisions of this Act and for its due administration.
34.
Property rights Nothing in this A... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Obligation to report ill-treatment of children (1) Notwithstanding the provisions of any other law, any dentist, medical practitioner, nurse, psychologist, social worker, or a teacher who examines, attends to or deals with any child in circumstances giving rise to reasonable suspicion that such child has been subject t... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) A person referred to in subsection (1) shall not be liable in respect of any notification given in good faith in accordance with this section.
Domestic Violence Act, 2015.
30 No.
27 of 2015 PART VII PROVISIONS RELATING TO BAIL 36. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Bail (1) Notwithstanding any provisions in any law relating to bail, where the Court is required to determine whether to grant bail in respect of an offence committed pursuant to the provisions of this Act, the Court shall consider― (a) the need to protect the applicant from domestic violence; (b) the welfare of a chil... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) Notwithstanding any provisions in any law relating to bail, the Court in granting bail, may order that the recognisance be subject to such of the following conditions as the Court considers appropriate— (a) (b) (c) that the respondent not harass or molest or cause another person to harass or molest the applicant; t... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) Where a police officer believes on reasonable grounds that a person, who has been granted bail subject to one or more conditions, has failed to comply with a condition of the recognisance, the police officer may arrest the person without a warrant.
PART VIII OFFENCES AND PENALTIES 37.
Offences Notwithstanding the... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
27 of 2015 31 Domestic Violence Act, 2015. and is liable on conviction to a fine not exceeding five thousand dollars or to a term of imprisonment not exceeding three years or to both such fine and imprisonment.
PART IX REGULATIONS 38.
Regulations The Minister may make regulations to give effect to the provisions of t... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
40.
Definitions for Part X In this part— “commencement” means the commencement of the provision in which the term appears.
“repealed Act” means the Domestic Violence (Summary Proceedings) Act 1999.
41.
Domestic violence order to continue to have effect (1) This section applies to a domestic violence order made or v... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(3) A condition of the domestic violence order is taken to be a condition imposed under Part 2 of this Act.
(4) If an adult was named in the domestic violence order under section 4 of the repealed Act, the adult is taken to be a person named in the order under Part 2 of this Act.
(5) If a child was named in the domes... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(6) A reference in section 18 of this Act includes an offence under section 5 of the repealed Act.
Domestic Violence Act, 2015.
32 No.
27 of 2015 42.
Application for protection order (1) This section applies to an application for a protection order under the repealed Act if, on the commencement, the application had... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
43.
Domestic violence committed before commencement A court may make an order under a provision of this Act in relation to domestic violence committed before the commencement of the provision.
44.
Application for variation of domestic violence order (1) This section applies to an application for the variation of a d... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(2) The application is taken to be an application under section 17 of this Act.
45.
Application for revocation of domestic violence order (1) This section applies to an application for the revocation of a domestic violence order under [section X] of the repealed Act if, on the commencement, the application had not be... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
46.
Service and other things done in relation to continued applications (1) This section applies to an application under the repealed Act that, under this part, is taken to be an application made under this Act.
(2) The service of a copy of the application, or another thing done in relation to the application, before... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
47.
Appeal (1) This section applies to an appeal against an order or a decision under section 24 of the repealed Act if, on the commencement, the appeal had not been finally dealt with.
(2) The appeal is taken to be an appeal under section 31of this Act.
No.
27 of 2015 33 Domestic Violence Act, 2015.
48.
Restrict... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
49.
Restriction on obtaining copies of documents A reference in section 29 to a proceeding under this Act includes a proceeding under the repealed Act.
50.
References to repealed Act If the context permits, a reference in another Act or document to the repealed Act may be taken to be a reference to this Act.
Domest... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Domestic Violence Act, 2015.
34 No.
27 of 2015 SCHEDULE I Section 3 INFORMATION TO BE RELATED BY POLICE OFFICER TO VICTIM AND APPLICANT OF RIGHTS “You have the right to request the assistance of a police officer in order to protect yourself and your children, you may apply to the Court for a protection order, and I a... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
You may also request my assistance or that of another police officer in locating and taking you and your children to a place of safety, including a shelter, the home of a family member or friend, or any other place of safety.
If you or your children are in need of medical treatment, you have the right to request that ... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
A protection order can be obtained from the Court at any time of the day or night and will be served on the abuser free of charge.
You may request that your address not be disclosed to your abuser.
The abuser can be ordered to pay emergency monetary relief and any or all contact with you or your children may be prohi... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
This order is of a temporary nature, and if you wish it to be confirmed, you will be required to appear in Court at a later date.
If you and your children require any counselling or support, you should contact the Department of Social Services who can offer services to you and your children.
You also have the right t... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
You may do this now, or at any time in the future.
Should you obtain a protection order, or lodge a criminal complaint, in which false facts or lies are knowingly alleged, you may be convicted of an offence.
If you do not understand any of the above information, you may ask for more information or ask to speak with a... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
(a) I _______________________________________________________ (full names) Date of Birth ________________ with the following particulars Residential Address____________________________________________________ ___________________________________________________________________ Telephone No. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
_______________________________________________________ Occupation __________________________________________________________ Nature of domestic relationship with Respondent _____________________________ (hereinafter referred to as the Applicant) (b) I _______________________________________ (full names) ______________... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
_________________________________________________________ Business Address _______________________________________________________ ______________________________________________________________________ Telephone No.
_________________________________________________________ On behalf of _______________________________ ... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
36 No.
27 of 2015 Date of Birth _________________ with the following particulars Residential Address ____________________________________________________ _____________________________________________________________________ Telephone No. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
_________________________________________________________ Business Address ______________________________________________________ Occupation ___________________________________________________________ Nature of domestic relationship with Respondent _____________________________ On whose behalf the application is brough... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
HEREBY APPLY FOR A PROTECTION ORDER AGAINST ― _____________________________________ (full names) Date of Birth _________________ with the following particulars Residential Address _____________________________________________________ _____________________________________________________________________ Telephone No. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
_________________________________________________________ Business Address _______________________________________________________ Occupation ____________________________________________________________ (hereinafter referred to the RESPONDENT) 3.
The following children (if any) have been born from ____________________... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
4.
Since the respondent at or near ____________________________ and on or about the day of ________________________ 20 [ ] committed the following act(s): No.
27 of 2015 37 Domestic Violence Act, 2015.
See annex attached for the affidavit, together, with any supporting affidavit(s): 5. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
I request that the respondent be ordered: (a) Not to commit any act of domestic violence or enlist the help of another person to commit any act of domestic violence; (b) Not to enter the shared household; (c) Not to enter the Applicant’s residence; (d) Not to enter the Applicant’s place of employment (e) Not to enter t... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
6. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
I further request the Court to order that: (a) A member of the police force is to accompany the applicant to the residence specified in the application to supervise the collection of the Applicant’s personal property; (b) A member of the police force is to seize the arm or dangerous weapon as specified in the affidavit... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
38 No.
27 of 2015 (g) The Respondent is granted structured contact with the child or children as specified in the affidavit; or (h) the address of the Applicant’s residence shall not be disclosed to the respondent 7.
I am likely to report a breach of the Protection Order at the __________ Police Station.
8. | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Additional conditions requested as affidavit _______________________________________ ____________________________________________________________________________ ____________________________________________________________________________ _____________________________________________________________________________ DEP... | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
Answer ___________________________________________________________ (b) Do you have any objection to taking the prescribed oath? | Gender Based violence - Violence Against Women | Domestic violence | Antigua and Barbuda | https://docs-lawep.s3.us-east-2.amazonaws.com/1697639727739.pdf | http://laws.gov.ag/wp-content/uploads/2019/02/a2015-27.pdf |
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