THE PROTECTION AGAINST DOMESTIC VIOLENCE ACT

NO. 2 OF 2015

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Page

1. The Protection Against Domestic Violence Rules......................................................... 3

[Rev. 2022]

Protection Against Domestic Violence

No. 2 of 2015

[Subsidiary]

THE PROTECTION AGAINST DOMESTIC VIOLENCE RULES

ARRANGEMENT OF RULES

Rule

1. Citation.

2. Filing a complaint.

3. Application for an order of protection.

4. Withdrawal or substitution of a complainant's representative.

5. Duties of enforcement officers.

6. Consideration in making orders of protection.

7. Interim orders of protection.

8. Notice to show cause.

9. Service of applications.

10. Summons to appear.

11. Orders of protection.

12. Orders for compensation.

13. Applications for variation or setting aside of orders of protection.

14. Service.

15. Disposal of cases.

16. Appeals.

17. Time.

18. Costs.

19. Availability of forms.

SCHEDULES

SCHEDULE — FORMS

3

[Rev. 2022]

Protection Against Domestic Violence

No. 2 of 2015

[Subsidiary]

THE PROTECTION AGAINST DOMESTIC VIOLENCE RULES

[Legal Notice 200 of 2020]

1. Citation.

These Rules may be cited as the Protection Against Domestic Violence Rules.

2. Filing a complaint.

(1) A person who suspects that an act of domestic violence is being or has been

committed may complain to a police officer or any other person in authority in Form PADV

1 set out in the Schedule.

(2) The person to whom a complaint of domestic violence is made shall, subject to

section 6 (1) of the Act—

(a) assist the complainant or representative to fill out the relevant forms; and

(b) enter the information received under paragraph (1) in a register kept and

maintained for the purpose.

(3) The person to whom a complaint is made shall assist the complainant or the victim

or, where the victim is a child or physically, mentally, intellectually or sensory challenged

person, the parent or guardian of the child or such challenged person, to apply for an order

of protection.

3. Application for an order of protection.

(1) An application for an order of protection shall be in Form PADV 2 set out in the

Schedule.

(2) A complainant may authorize his or her representative to apply for an order of

protection on his or her behalf in Form PADV 3 set out in the Schedule.

(3) A respondent may file in Court and serve a reply on the complainant or complainant's

representative in Form PADV 7 set out in the Schedule within fourteen days of being served

with an application for an order of protection.

(4) The Court shall set down the matter for mention for directions within seven days of

service of the reply by the respondent, at which time the Court shall address the following

issues—

(a) joinder of parties;

(b) consolidation of applications;

(c) filing further documents;

(d) settlement on issues for determination;

(e) mode of hearing; and

(f) fixing of a hearing date.

(5) An application for an order of protection shall be supported by an affidavit and where

the application is brought by the complainant's representative, the affidavit shall set out—

(a) the relationship between the representative and the complainant;

(b) the capacity in which the representative makes the application;

(c) age of the complainant if the complainant is a child;

(d) nature of the complainant's disability, if any; and

(e) the facts that the representative is relying on to support the application.

4. Withdrawal or substitution of a complainant's representative.

At any time during the hearing of an application for an order of protection, or after the

protection order has been issued—

5

No. 2 of 2015

Protection Against Domestic Violence

[Rev. 2022]

[Subsidiary]

(a) the complainant may apply for the revocation of consent by the complainant

to be represented by his or her representative in Form PADV 4 set out in the

Schedule; or

(b) the complainant's representative may give notice of his or her withdrawal

from being the complainant's representative in Form PADV 5 set out in the

Schedule.

5. Duties of enforcement officers.

An enforcement officer shall—

(a) inform the applicant in a language the applicant understands of reliefs

available under the Act;

(b) inform the applicant of the applicant's right to lodge a criminal complaint

against the respondent;

(c) make available to the applicant the relevant application forms free of cost; and

(d) explain to the applicant the contents of the forms in a language the applicant

understands; and

(e) help applicant to fill in the relevant forms.

6. Consideration in making orders of protection.

In determining whether to grant an order of protection, the Court may, subject to section

12(1) of the Act, take the following into consideration—

(a) any violence inflicted by the respondent on the applicant or by the applicant

on the respondent;

(b) where the applicant and respondent have dependants, any violence inflicted

on the dependents by either the respondent or applicant;

(c) whether or not the respondent or applicant has been convicted of an offence

that involves violence or the threat of violence;

(d) the age and state of health of the applicant, respondent or any dependent;

(e) the applicant's or respondent's perception of the risk to his or her safety or

welfare due to the behaviour of the other party;

(f) any evidence of deterioration in the physical, psychological or emotional

wellbeing of the applicant or any dependent that has been directly caused by

fear of the behaviour of the other party;

(g) any incidences of substance abuse, including abuse of alcohol, by the

respondent, applicant or a dependant; and

(h) and any other matter which appears to the Court to be relevant to the safety

or welfare of the applicant, the respondent or any dependant.

7. Interim orders of protection.

(1) The Court, upon receipt of an ex parte application for interim protection orders,

if satisfied by examining the evidence submitted that the respondent has committed, is

committing or threatening to commit or abet an act of domestic violence, may issue an

interim order of protection against the respondent.

(2) Where the Court grants an ex parte interim order of protection, the applicant, or

enforcement officer as may be directed by the Court in the order, shall, within seven days

from the date of issuance, serve the order on the respondent and any other person against

whom the order is issued.

8. Notice to show cause.

(1) Pursuant to the provisions of section 12 (5) of the Act, the Court may issue a notice

to show cause to the respondent in Form PADV 6 set out in the Schedule as to why an order

of protection should not be issued against the respondent.

6

[Rev. 2022]

Protection Against Domestic Violence

No. 2 of 2015

[Subsidiary]

(2) The respondent shall show cause as to why a protection order should not be issued

within seven working days after being served with the notice.

9. Service of applications.

(1) Where the representative of a child, who is not the child's parent or guardian, applies

for an order of protection, the guardian or the parent of the child shall be served with the

notice within three days of filing the application.

(2) The Court shall not issue an order of protection unless it is satisfied that service

under paragraph (1) has been effected or that reasonable efforts to serve the child's parent

or guardian have failed.

10. Summons to appear.

(1) Whenever a Court issues an interim order of protection ex parte, it shall summon

the respondent to appear in accordance with section 12 (4) of the Act within five days of

service, which summons shall be attached to the order.

(2) If the respondent fails to appear in person at the time fixed for the hearing of the

application, the Court may—

(a) proceed to hear and determine the matter in the respondent's absence; or

(b) if satisfied that it is appropriate to do so, adjourn the matter and issue a warrant

for the police to arrest and bring the respondent before the Court.

11. Orders of protection.

The Court may, after hearing the parties, issue an order of protection pursuant to section

19 of the Act if the Court is satisfied that an act of domestic violance has been committed

or is likely to be committed by the respondent.

12. Orders for compensation.

(1) Where there is personal injury, financial loss, trauma, psychological damage,

damage to movable or immovable property, or any possibility of such damage or loss as a

result of an act of domestic violence, the complainant may file a claim for compensation -

(a) along with the application for an order of protection order; or

(b) separate from the application for an order of protection within three years after

the act of domestic violence.

(2) Where any party suffers injury, damage or loss as contemplated in paragraph (1), the

Court may award such compensation in respect of the injury, damage or loss as it deems

just.

(3) The Court shall dispose of the application submitted under paragraph (1) within six

months of it being filed.

(4) A party claiming compensation shall provide proof of actual or projected loss or

damage incurred by way of an affidavit in Form PADV 8.

(5) The Court may make an order for lump sum payment or monthly payments of

compensation.

(6) The Court shall send a copy of the order for compensation to the parties and to

the enforcement officer within the local limits of whose jurisdiction the respondent ordinarily

resides or works.

(7) Where the respondent is an employee, a copy of the compensation order shall be

served upon the respondent's employer.

(8) The enforcement of an order under these rules shall be in accordance with the Civil

Procedure Rules, 2010.

13. Applications for variation or setting aside of orders of protection.

(1) A party who is dissatisfied with an order of protection, or upon mutual agreement by

the parties, may apply to the Court to discharge or vary the protection order.

7

No. 2 of 2015

Protection Against Domestic Violence

[Rev. 2022]

[Subsidiary]

(2) An application for the discharge or variation of a protection order in terms of section

12 (5) of the Act shall be made in Form PADV 9 set out in the Schedule.

14. Service.

Order 5 of the Civil Procedure Rules, 2010 shall apply to these Rules with necessary

modifications with respect to the service of anything that needs to be served under these

Rules.

15. Disposal of cases.

The Court shall dispose of every application made under this Act within sixty days of the

date of the application.

16. Appeals.

(1) A party who is dissatisfied by an order or decision of the Court may appeal to the

High Court within thirty days from the date of the order or decision.

(2) An appeal under paragraph (1) shall be in Form PADV 10 set out in the Schedule.

(3) The provisions of section 30 of the Act shall apply with respect to an appeal under

these Rules.

(4) An appeal under paragraph (1) shall be in accordance with Order 42 of the Civil

Procedure Rules, 2010.

17. Time.

Notwithstanding any provisions of these Rules, the Court may make any orders in

respect of time.

18. Costs.

Notwithstanding anything contained in these Rules, a Court may make such orders as

to cost as it deems fit.

19. Availability of forms.

The forms prescribed under these Rules shall be made available for at no cost.

SCHEDULE

FORMS

FORM PADV1 (r.(2(1))

INFORMATION ON DOMESTIC VIOLENCE

1. PARTICULARS OF COMPLAINANT

Full name

Identification/passport Number

Date of birth

Nationality

Home or temporary address

Mobile telephone number

e-mail address

Occupation

Work address

Work telephone number

Address of service (where you want any written information

sent to you)

Disability (specify if relevant)

1.1 Sex:

8

[Rev. 2022]

Protection Against Domestic Violence

No. 2 of 2015

[Subsidiary]

# male # female # intersex (tick where appropriate)

1.2 Do you need an interpreter?

a. Yes #

b. No #

1.3 If yes, please state your preferred language (orally or in sign)

..............................................................

1.4 Do you live in the same house as the respondent?

c. Yes #

d. No #

1.5 Should we keep your contact information confidential from the respondent

and the associated respondent?

a. Yes #

a. No #

1.6 If yes, which contact information should be kept from the respondent or

associated respondent?

a. Phone Number #

b Home address #

c. Place of employment #

d. Work address #

e. Any other (specify) ............................

1.7 Emergency contact

..............................................................

(if applying for a Protection Order, give contact details of another person who can

be contacted in an emergency )

Full name

Identification/passport Number

Mobile number

Home address

E-mail address

Disability (state if relevant)

2. PARTICULARS OF RESPONDENT- in so far as such are available

Full name

Identification/passport Number

Date of birth

Nationality

Home or temporary address

Mobile telephone number

e-mail address

Occupation

Work address

Work telephone number

Disability (specify if relevant)

Sex:

# male # female # intersex (tick where appropriate)

3. particulars of co-Respondent (if applicable) (Leave this section blank if it does not

apply)

Full name

Identification/passport Number

Date of birth

Nationality

9

No. 2 of 2015

Protection Against Domestic Violence

[Rev. 2022]

[Subsidiary]

Home or temporary address

Mobile telephone number

e-mail address

Occupation

Work address

Work telephone number

Disability (specify if relevant)

Additional Information about the respondent

3.1 To the best of your knowledge does the respondent have any alcohol, mental health

or drug related issues?

a. Yes #

b. No #

If yes, please give details

......................................................................................................................................................

.......................................................................................................................................................

3.2 Are they involved in any other crimes?

a. Yes #

b. No #

If yes, then please provide as much details of these crimes as possible.

.......................................................................................................................................................

If you are the complainants' representative, please enter the complainant's

details below

4. Particulars of VICTIM (Leave this section blank if it does not apply)

Full name

Identification/passport Number

Date of birth

Nationality

Home or temporary address

Mobile telephone number

e-mail address

Occupation

Work address

Work telephone number

Disability (specify if relevant)

4.1 State the capacity under which you are making this application (tick where

appropriate or specify)

(a) Police officer #

(b) Advocate #

(c) Social welfare officer #

(d) Guardian of a child #

(e) Neighbour #

(f) Medical practitioner #

(g) Counsel #

(h) Probation officer #

(i) Non-Governmental Organization concern with welfare

of children

#

10

[Rev. 2022]

Protection Against Domestic Violence

No. 2 of 2015

[Subsidiary]

(j) Religious leader #

(k) Community elder #

(l) Any other (specify) ............................

4.2 What is your relationship with the respondent?

(a) Spouse #

(b) ex-spouse #

(c) Family member #

(d) We have a close personal

relationship

#

f. specify other

............................................................................................................................................................

.............................................................................................................................................................

5. Incident Details

5.1 Date of Incident (day/month/

year).................................

5.2 Time of Incident:.................................................

5.3 Where did the incident take place?

............................................................................................................................................................

5.4 What type of abuse did the incident involve? (select

any which are relevant)

(a) Physical #

(b) Emotional #

(c) sexual #

(d) Mental #

(d) Economical #

Specify any other

............................................................................................................................................................

5.5 Was anyone injured during the incident?

a. Yes #

b. No #

5.6 If so, please provide details of the injuries, who received them and if any

medical attention was obtained (include any other relevant information)

............................................................................................................................................................

5.7 Did anyone else witness the incident?

a. Yes #

b. No #

If so, please provide details (if known).

...................................................................................

6. Children affected by the application (leave blank if irrelevant)

Particulars of child(ren) affected/likely to be affected by the application

11

No. 2 of 2015

Protection Against Domestic Violence

[Rev. 2022]

[Subsidiary]

i. Child 1 Name.........................................

a. Male/Female/Intersex(tick where

appropriate)

b. Date of

birth(day,month,year).......................

c. Age......................................

d. Nationality...............................

e. Name the person(s) living with the

child at the time of the application

..................................................................................

f. Disability................................

g. Relationship of applicant to the

child.........................................

h. Relationship of respondent to the

child........................................

ii.

Child 2 Name........................................

a. Male/Female/Intersex (tick where

appropriate)

b. Date of

birth(day,month,year).......................

c. Age......................................

d. Nationality...............................

e. Name the person(s) living with the

child at the time of the application

..................................................................................

f. Disability................................

g. Relationship of applicant to the

child...............................

h. Relationship of respondent to the

child....................................

iii.

Child 3 Name........................................

a. Male/Female/Intersex (tick where

appropriate)

b. Date of

birth(day,month,year).......................

c. Age......................................

d. Nationality...............................

e. Name the person(s) living with the

child at the time of the application

..................................................................................

f. Disability................................

g. Relationship of applicant to the

child...............................

h. Relationship of respondent to the

child....................................

7. Previous applications of protection order: (leave

blank if irrelevant)

12

[Rev. 2022]

Protection Against Domestic Violence

No. 2 of 2015

[Subsidiary]

(give the file number of any previous applications

between the parties and the location of the Court

where they were filed)

a. File number.............................

b. Date of filing..............................

c. Name of Court in which the application

was filed

............................................

d. Give more details about this previous

application for protection order(s).

..............................................................................

8 Existing Order(s) between the parties:

(give details of any existing Order between the parties,

including the date the Order was made, the location

of the Court that made the Order, and the Court file

number)

a. State the type of protection order(s)

that exists

......................................................................................

.......................................................................................

b. File

number............................................

c. Date it was filed....................................

d. Date which the order was

made..........................

e. Court which made the

order.....................................

Specify any other relevant information about these

existing orders

........................................................................................

9 Existing Orders relating to any child:

(give details of any existing Order relating to any child

affected by the application, including the date the

Order was made, the location of the Court that made

the Order, and the Court file number)

a. State the type of protection order(s)

that exists

..........................................................................................

...........................................................................................

b. The date the order was

made..................................

c. The name of Court which made the

order.............................

d. Name of child(ren) affected by this

order

i. ...............................

13

No. 2 of 2015

Protection Against Domestic Violence

[Rev. 2022]

[Subsidiary]

ii. ................................

iii. .......................................

iv. ....................................

Signature

FORM PADV 2 (r. 2(3))

APPLICATION FOR AN ORDER OF PROTECTION

1. This application is filed by (name of the applicant/

representative).......................

2. state nature of claim

(a) Particulars of the applicant (victim of domestic violence)/

particulars representative

(b) Particulars of respondent

(c) State capacity under which you are making this

application

(d) Indicate written consent of the victim of domestic violence

to represent them

(e) Details regarding acts of domestic violence

(f) Persons affected by the act of domestic violence and how

they are affected.

(g) Information regarding urgency of the application

3. Which application is based on the affidavit of.............................

4. State the terms of protection order sought or other orders as this Honourable

Court

Dated this............................... day of........................

Signed by

Drawn and filed by

To be served upon

FORM PADV 3 (r. (3)(2))

APPLICATION TO BE APPOINTED A REPRESENTATIVE OF THE VICTIM

1. This application is filed by (name of representative).....................................

2. State the capacity under which you re making this application

3. State the particulars of the victim

4. State the particulars of the respondent

5. State the nature of domestic violence

6. State whether the victim is a child, an adult or a person of unsound mind

7. Which application is based on the affidavit of........................................

8. State the orders sought on behalf of the victim

Dated this............................. day of....................

Signed by

Drawn and filed by

To be served upon

FORM PADV 4 (r. 4 (a))

CONSENT BY COMPLAINANT TO SEEK ORDER OF PROTECTION

14

[Rev. 2022]

Protection Against Domestic Violence

No. 2 of 2015

[Subsidiary]

I,.........................................(name of the complainant) of id no................

gives..........................(name of the representative), of id no ...................on

this (date).......day of ...................(year)....... authority/consent to represent

me in a matter of domestic violence that entailed physical violence sexual

abuse psychological abuse economical abuse specify any other form of

violence ................................

My relationship with my representative is

(specify)..................................

Signature

FORM PADV 5

(r. 4(b))

REVOCATION OF CONSENT AND SUBSTITUTION OF A REPRESENTATIVE

[To be filled by the complainant]

1. Revocation of consent

I..................................(Name of complainant) of id number................

granted authority to.................(name of representative) of i.d

number ...................on ....................(date)............ to represent me in a matter of

domestic violence.

I hereby withdraw the consent and state that................................... (name of

representative) ceases to represent me in any domestic matter because (state

reason)

...................................................................................................................................................

..................................................................................................................................................

2. Substitution of representative

I grant consent to ..................................(name of current representative) of

I.D. number................ to represent me in the matter of domestic violence as

from ....................(date when the substitution starts to take effect)

Sign

FORM PADV 5 (r. 4 (b))

A FORM TO CEASE REPRESENTING THE COMPLAINANT

[To be filled by the representative]

I................................../Name of representative) of id

15

No. 2 of 2015

Protection Against Domestic Violence

[Rev. 2022]

[Subsidiary]

number................ was granted authority to represent.................name of

complainant) of I.D. number ...................on (date)............ in a matter of domestic

violence.

I hereby state that I cease to represent the complainant in any matter of domestic

violence from (date of waiver) ................................... reason being (state reason;

optional)

................................................................................................

1. Substitution (optional)

I suggest ..................................(name of the person you'd wish to substitute you)

of I.D. number................ to represent the complainant because

(give reasons why you choose the person to replace you)

....................................................................................................................

.....................................................................................................................

2. Does the person you are proposing as a representative have a personal

relationship with the complainant?

a. Yes #

b. No #

If your answer in 2 above is yes, please specify

....................................................................................................................

.....................................................................................................................

FORM PADV 6 (r. 8 (1))

NOTICE TO RESPONDENT TO SHOW CAUSE (SUBMIT REASONS) WHY A

PROTECTION ORDER SHOULD NOT BE ISSUED

IN THE MAGISTRATE COURT OF ..............................

APPLICATION NO. ...........................................

BETWEEN

APPLICANT .....................................................

OF ID NO. ....................... DATE OF BIRTH .................

AND

RESPONDENT .....................................................

OF ID NO. ....................... DATE OF BIRTH .................

PARTICULARS OF THE RESPONDENT - in so far as such are available

Particulars of application

On ……………………………………………………… the applicant applied for a

protection order against you, the Court considered the application but has not

issued the interim protection order. The Court will decide whether to issue the

interim protection order against you on the undermentioned date.

16

[Rev. 2022]

Protection Against Domestic Violence

No. 2 of 2015

[Subsidiary]

You are hereby called upon on the………………… day of……………

year……………………. at (time)………………… to give reasons why a protection

order should not be issued against you by the above-mentioned Court.

If you so wish, the matter may be heard at an earlier date upon you giving a

written notice to the applicant and the Court within 24 hours.The Court will issue

a protection order against you if you do not appear on the above and time if it is

satisfied that this notice was duly served upon you and that you committed an act

of domestic violence.

FORM PADV 7 [r. 3 (3)]

REPLY TO AN APPLICATION OF A PROTECTION ORDER

1. This reply is filed by (name of the respondent/representative)

………………………

2. State nature of response:

(a) Particulars of the respondent/ representative

(b) Particulars of applicant if different from the application for

a protection order

(c) State capacity under which you are making this

application

(d) State relationship with the applicant

(e) Details of counter-claim if any

(f) Details of notice to show cause be the Court if any

(g) Response to the terms of protection order sought

(h) Any prayers to the Court

Dated..................this.....................day....................of

Signed by..........................

Drawn and filed by

To be served upon

FORM PADV 8 (r. 12 (4))

AFFIDAVIT FOR COMPENSATION

Applicant ................................................. Name(s)

Versus

Respondent ................................................ Name (s)

I, …………………………….of……………………………. makes an oath and state

as follows: (The facts upon which the applicant rely must concisely set out in

consecutively numbered paragraphs and should address any of the following:

(a) The pain and suffering of the protected person(s) and

the nature and extent of the physical or psychological injury

suffered

(b) The cost of medical treatment for such injury

(c) Temporary or permanent effect of such injury

(d) Any loss of earnings, current and prospective, arising

from the act of violence

17

No. 2 of 2015

Protection Against Domestic Violence

[Rev. 2022]

[Subsidiary]

(e) The amount and value of the movable or immovable

property taken, transferred, destroyed or damaged

(f) Reasonable expenses already incurred by or on behalf of

either party in securing protection from the act of domestic

violence

(g) The financial position of the victim as well as that of the

respondent

(h) The relationship that exists between the parties and

the reasonableness of requiring the respondent to make or

contribute towards any compensation

(i) Any other factors that the Court should consider

Sworn

FORM PADV 9 (r. 13 (2))

APPLICATION TO VARY OR DISCHARGE A PROTECTION ORDER

...................... The above-named applicant, makes an application

to the Court at ...................from the protection order in suit

no ...............of ...............Dated .............for an order to review/discharge (delete

as appropriate) the protection order.

FORM PADV 10 (r. 16 (2))

MEMORANDUM OF APPEAL

The…………………………………. above-named appeal to

the……………………………… Court at……………………… from the decree

of………………………….. in Suit No…………………………. of 20 dated

the………………. day of ……………………20…………. and set forth the

following grounds of objection to the decreed appeal:

1. ..................................................

2. .................................................

Dated this…………………………day of…………………20…………………

Signed by………………………………….

Drawn and filed by }

}

To be served upon

18