No. 34 of 2005 Prevention of Domestic Violence Act contains provisions to prevent domestic violence.

Domestic violence

1. Physically – Offenses against the human body which contains in Chapter 16 of the Penal Code

2. Mentally – Mental trauma due to emotional abuse

Main Objectives of the Act – Immediate prevention of domestic violence

Who can submit the application?

The aggrieved party, if the child is the aggrieved party the parent/guardian where the child currently lives, an officer authorized by the National Child Protection Authority can submit the application to a police officer.

Against whom can an application be made?

1) His spouse

2) Ex-spouse

3) Cohabiting spouse

4) Parents/parents of parents siblings/sisters and their children who maintain a close domestic relationship can submit an application.

When can applications be submitted? In which place?

In order to immediately prevent domestic violence when an act of domestic violence has occurred, is occurring or is likely to occur, the request can be filed in the Magistrate’s Court where the aggrieved party resides or the concerned party resides or where the act of violence occurred/is likely to occur or the aggrieved party temporarily resides.

If the application is immediately considered and the court is satisfied,

1) An interim protection order should be issued. Affidavits may be sought from those who filed the application before issuing the ex parte protection order. The court must issue a notice to respondent appear within 14 days. When issuing the interim protection order, the court should be concerned to prevent the immediate act of violence and to ensure the protection of the aggrieved party. The interim protection order is valid until the protection order is issued.

The court should examine the evidence when the parties appear. If the respondent does not appear in court and admits to domestic violence, but does not object to the issuance of the interim protection order, or if the defendant does not appear in court a permanent protection order will be issued.

The protection order prevents repeat acts of domestic violence. Other injunctions may be included to ensure the safety and welfare of the aggrieved party. Permanent protection order valid for a period of 12 months.

Source: Women In Need