Y/OUR VOICE MATTERS: Domestic Violence Protection Orders Act (amendments)

Our focus determines our reality. 
I am a writer/blogger 
with a mission to expose the 
blinders preventing a progressive 
vision for a healthy and safe 
Barbados. The people, citizens 
and tourists, can no longer perish 
due to a lack of knowledge while the 
blind lead the blind. I am committed 
to raising awareness for the purposes 
of social reform and for the sake of 
Bajan children who are being abused 
and become abusers. I am focused.




picsart_01-27-11-41-45

AND HERE ARE SOME RESULTS:


EXPLANATORY MEMORANDUM after page 33

2016-01-19

OBJECTS AND REASONS

This Bill would amend the Domestic Violence (Protection Orders) Act,
Cap. 130A to
(a) make provision for a comprehensive definition of the term “domestic
violence”;
(b) extend the classes of persons who are considered to be victims of
domestic violence;
(c) ensure that victims of domestic violence receive the appropriate
counselling or therapy;
(d) facilitate the enrolment of perpetrators of domestic violence in the
appropriate rehabilitative programmes;
(e) extend the classes of persons who may intervene in applications before
the Court on behalf of victims of domestic violence;
(f) establish the duties and powers of members of the Police Force in
relation to allegations of domestic violence, including the power to
issue emergency protection orders;
(g) maximise the safety and protection of victims and ensure that
perpetrators of domestic violence are held accountable,
and for related matters.

2

Arrangement of Sections
1.

Short title

2.

Amendment of section 2 of Cap. 130A

3.

Amendment of section 3 of Cap. 130A

4.

Amendment of section 4 of Cap. 130A

5.

Amendment of section 5 of Cap. 130A

6.

Amendment of section 6 of Cap. 130A

7.

Amendment of section 7 of Cap. 130A

8.

Insertion of sections 11A to 11E into Cap. 130A

9.
We
Amendment of section 12 of Cap. 130A

10.

Amendment of section 14 of Cap. 130A

11.

Amendment of section 16 of Cap. 130A

12.

Insertion of section 19A into Cap. 130A

13.

Amendment of the Schedule to Cap. 130A
SCHEDULE

BARBADOS
A Bill entitled
An Act to amend the Domestic Violence (Protection Orders) Act,
Cap. 130A to define domestic violence and to make greater provision for the
safety of victims of domestic violence and the accountability of perpetrators
of domestic violence.
ENACTED by the Parliament of Barbados as follows:

4
Short title
This Act may be cited as the Domestic Violence (Protection Orders)
1.
(Amendment) Act, 2016.
Amendment of section 2 of Cap. 130A
Section 2 of the Domestic Violence (Protection Orders) Act, in this
2.
Act referred to as the principal Act is amended by
(a) deleting the definitions of “child”, “harassment” and “spouse”, and
(b) inserting in the appropriate alphabetical order the following
definitions:
“ “child” means a person under 18 years of age who is not married and
is considered to be in a domestic relationship by virtue of
continued residence or a relationship of consanguinity or affinity
with a perpetrator or victim of domestic violence and includes an
adopted child, a stepchild and a ward;
“child abuse” means any act of domestic violence perpetrated against
a child and includes causing or permitting a child to witness, hear
or be exposed to acts of domestic violence;
“cohabitational relationship” means a relationship where persons who
are not legally married are living together in the same household
as husband and wife;
“dependant” means a person who, by some physical, mental or other
disability is wholly or partly maintained by a perpetrator or victim
of domestic violence;
“domestic relationship” means the relationship between a perpetrator
of domestic violence and victim who is a spouse, former spouse,
child, dependant or other person who is considered to be a relative

5
of the perpetrator by virtue of consanguinity or affinity and
includes cohabitational and visiting relationships;
“domestic violence” means the wilful infliction or threat of infliction
of harm by one person in a domestic relationship upon another
person in that relationship and includes child abuse, emotional
abuse, financial abuse, physical abuse and sexual abuse;
“emotional abuse” means any act by a perpetrator which causes
psychological pain or injury to a victim and includes harassment,
the use of threatening words or behaviour and withholding from a
victim, access to the victim’s child, parent or guardian;
“financial abuse” means the exercise of control by a perpetrator over a
victim’s access to financial resources through coercion, deception
or intimidation, the effect of which is to hinder the victim’s
financial independence or ability to maintain a child or dependant
or to ensure financial dependence on the perpetrator and includes
exploitation of the victim’s financial resources and withholding
the financial support necessary to maintain a victim, child or
dependant;
“harassment” includes
(a) intimidation of a victim by a perpetrator through
(i)

persistent verbal abuse;

(ii)

threats of physical violence;

(iii) malicious damage to the victim’s property;
(iv) persistently contacting the victim by any means,
including via e-mail, facsimile, post, telephone or text
message; or
(v)

any other means;

(b) persistently following a victim about from place to place;

6
(c) hiding clothes or other property owned or used by a victim
or depriving the victim of the use thereof;
(d) approaching, besetting or watching the house or other place
where a victim resides, works, carries on business, studies or
happens to be;
(e) publishing on the internet or by any other mass medium,
statements or other material relating to a victim without the
victim’s consent;
(f)

keeping a victim or the victim’s communications under
surveillance without the victim’s knowledge or consent;

(g) any other act, the purpose of which is to intimidate, scare or
cause a victim to apprehend harm;
“perpetrator” means a person who commits an act of domestic violence;
“person at risk” means a person named in an emergency protection
order for whose safety the order is issued;
“physical abuse” means any act or omission by a perpetrator which
causes pain or injury to the body of a victim;
“respondent” means a person against whom an application for a
protection order is made;
“sexual abuse” means the performance by a perpetrator of a sexual act
on a victim by the use of force, threats, fear, manipulation or guile
and includes the actual or attempted commission of any of the
offences stated in Part I of the Sexual Offences Act, Cap. 154;
“spouse” means a party to a marriage or cohabitational relationship;
“subordinate police officer” has the meaning assigned to it by section
2 of the Police Act, Cap. 167;
“victim” means a person against whom an act of domestic violence is
committed and includes a child;

7
“visiting relationship” means a relationship where the parties do not
live together in the same household, but in which there are
romantic, intimate or sexual relations.”.
Amendment of section 3 of Cap. 130A
The principal Act is amended by deleting section 3 and substituting
3.
the following:
“Protection order
Where on an application made in accordance with section 4,
3.(1)
the Court is satisfied on a balance of probabilities that a person has
engaged in or has threatened to engage in behaviour that constitutes
domestic violence, the Court may make an order, in this Act referred
to as a protection order, restraining the person from engaging in that
conduct or similar conduct.
(2) Subject to subsection (3), on an application for a protection order
under subsection (1), the Court may, where it considers that it is
necessary to do so in order to ensure the safety of the victim pending
the hearing and determination of the application, make an interim
protection order before considering the application.
(3) The Court shall not make an interim protection order under
subsection (2), unless the application for a protection order is supported
by oral evidence on oath or by evidence on affidavit given by the
complainant.
(4) Subject to sections 16 (1) and 18(3), a protection order made by
the Court under subsection (1) may be for such period of time as the
Court considers necessary, but may, on the application of the
complainant or the respondent, be varied or revoked.

8
(5) The Court may make an interim protection order at any time
before or during the hearing of an application for an order under
subsection (1), whether or not the respondent is present at the
proceedings or has been given notice thereof.
(6) Where an interim protection order is made by the Court, the Court
shall fix a date for further consideration of the application, which shall
be no later than the date on which the order will expire.
(7) An interim protection order shall be served on the respondent as
soon as possible after it is made and the respondent shall be summoned
to appear before the Court for a further hearing of the matter, at which
time the Court may
(a) fix a new date for the hearing of the substantive application
and extend the interim protection order until the date fixed
for the hearing of the substantive application or until such
time as the Court considers necessary, which shall not exceed
a period of 28 days from the date of filing of the
application;
(b) revoke the interim protection order; or
(c) hear the substantive application and make a protection order
under subsection (1).”.
Amendment of section 4 of Cap. 130A
4.
The principal Act is amended by deleting section 4 and substituting
the following:

9
“Application for protection order
An application for a protection order shall be made in
4.(1)
accordance with Form 1 as set out in the Schedule to this Act by
(a) the spouse of the person against whom the order is sought
where an act of domestic violence was committed against that
spouse or a child;
(b) any other person in a domestic relationship with the person
against whom the order is sought, where an act of domestic
violence was committed against that person or a child;
(c) the Commissioner of Police on behalf of a victim of domestic
violence;
(d) a person other than the persons mentioned in paragraphs (a)
to (c), as an agent for a victim of domestic violence, including
a Social Worker, Probation Officer or representative of a nongovernmental organisation which renders support services to
victims of domestic violence, where that person has obtained,
(i) leave of the Court; and
(ii) in the case of a victim who is mentally capable of
providing consent and over the age of 18 years, the
consent of the victim; or
(e) a Child Care Officer or Welfare Officer on behalf of a child
or a person who is mentally handicapped, against whom an
act of domestic violence was committed.
(2) The person against whom the order is sought shall be the
respondent to the application.
(3) Where an application for a protection order has been made to the
Court under subsection (1), the Court shall issue a copy of the
application together with a summons, in accordance with Form 2 set

10
out in the Schedule, to the respondent forthwith to be served personally
on the respondent.
(4) Where it appears to the Court that it is not reasonably practicable
to serve the respondent personally with a copy of an application for a
protection order, the Court may
(a) make an order for substituted service, including service by
(i)

registered post to the last known address of the
respondent;

(ii)

leaving the document at the last known address of the
respondent; or

(iii) advertisement in 2 daily newspapers printed and
published in Barbados, which service is deemed to have
been effected on the date of the later advertisement, the
cost of which shall be borne by the complainant; or
(b) order that the copy of the application be served by such other
means as the Court thinks just.
(5) Notwithstanding anything in this Act, any document required to
be served under this Act may be served by an attorney-at-law or his
agent.
(6) Where a complainant is a person referred to in paragraph (c) or
(d) of subsection (1), a protection order shall not be made in respect of
the application unless notice of the application in accordance with Form
2 of the Schedule was given to the victim.
(7) Where it is proved by evidence on oath to the satisfaction of the
Court that a summons and the copy of the application were served on
the respondent in accordance with subsection (3) or (5) within what

11
appears to the Court to be a reasonable time, and the respondent fails
to appear at the time and place appointed for the hearing, the Court may
(a) proceed to hear and determine the matter in the absence of
the respondent; or
(b) where the Court is satisfied, having regard to the information
before it, that it is appropriate to do so, adjourn the matter and
issue a warrant for the respondent to be apprehended and
brought before the Court.
(8) Where the respondent is present but the complainant or person
on whose behalf a complaint is made or their attorney-at-law fails to
appear at the time and place appointed for hearing, the Court may
(a) where it is satisfied that there is a reasonable excuse for the
absence of the complainant or person on whose behalf the
complaint is made or their attorney-at-law, adjourn the
hearing of the matter until such time and on such terms as it
considers just; or
(b) dismiss the application and make an order as to costs.
(9) An application for a protection order shall be heard within 2 days
after the date of service of the application or as soon as practicable
thereafter. ”.
Amendment of section 5 of Cap. 130A
5.
Section 5 of the principal Act is amended by deleting subsection (1)
and substituting the following:
“(1) Evidence on an application for a protection order may be given
on affidavit in accordance with Form 2A as set out in the Schedule to
this Act”.

12
Amendment of section 6 of Cap. 130A
6.
The principal Act is amended by deleting section 6 and substituting
the following:
“Form of protection orders
Subject to this Act, a protection order may include
6.(1)
provisions restraining the respondent from
(a) being on the premises on which the complainant for the
protection order or the child in respect of whom the order was
made, resides;
(b) being on the premises that are the place of education or work
of the complainant or the place of education or work of the
child in respect of whom the order was made;
(c) being in a specified locality, being a locality in which
premises as mentioned in paragraph (a) or (b) or any other
premises the Court deems it necessary to specify, are situated;
(d) approaching within a specified distance of the complainant
or the child in respect of whom the order was made;
(e) entering or remaining on the premises, while intoxicated or
under the influence of a drug, where the respondent continues
to reside with the complainant or the child in respect of whom
the order was made;
(f)

causing another person to engage in the conduct referred to
in paragraph (a) or (c) of subsection (3).

13
(2)

A protection order may
(a) require the respondent to
(i)

leave the premises referred to in paragraph (a) of
subsection (1);

(ii)

continue any legal or other obligation the respondent
may have to pay the rent, mortgage, utilities or taxes
of the premises referred to in that sub-paragraph where
the respondent is asked to leave under subparagraph (i);

(iii)

allow the complainant to enter and remain on the
premises referred to in paragraph (c) of subsection (1);

(iv)

pay compensation for pecuniary loss suffered by the
complainant as a result of the acts of domestic violence
committed by the respondent, including medical
expenses, legal expenses, loss of earnings, the cost of
accommodation, the cost of transportation or any other
expense reasonably incurred by reason of injury to the
complainant’s person or property;

(v)

make payments to the complainant for the
maintenance of a dependant of the complainant and
respondent;

(vi)

where no order is in force under Part III of the
Maintenance Act, Cap. 216 or Part II of the Minors
Act , Cap. 215 for the maintenance of a child of the
respondent or Part VI of the Family Law Act,
Cap. 214 for the maintenance of the complainant or a
child of the respondent, make interim payments to the
complainant for the benefit of the complainant or a
child of the respondent until such time as an order is
made under the Maintenance Act, Cap. 216, the

14
Minors Act, Cap. 215 or the Family Law Act,
Cap. 214;
(vii) where no order is in force under Part III of the
Maintenance Act, Cap. 216 with respect to the legal
custody of a child of the respondent or Part II of the
Minors Act, Cap. 215 or Part V of the Family Law
Act, Cap. 214 with respect to custody of or access to a
child of the respondent, grant custody to the
complainant or such other person as the Court
specifies, until such time as an order is made under the
Maintenance Act, Cap. 216, the Minors Act,
Cap. 215 or the Family Law Act, Cap. 214;
(viii) surrender to the police, for the duration of an interim
or final protection order, any licences or permits issued
under the Firearms Act, Cap. 179 and any
ammunition, firearms or other weapons in the
possession or control of the respondent, whether or not
such weapons were used to commit an act of domestic
violence; or
(b) specify conditions subject to which the respondent may be
on premises or in a locality specified in the order.
(3) A protection order that includes a provision mentioned in
paragraph (a) of subsection (1) may also include a provision
(a) restraining the respondent from taking possession of personal
property of either the complainant or the respondent, being
property that is reasonably needed by a member of the
respondent’s household;
(b) directing the respondent to give possession of such property
as is specified in the order, to a specified member of the
respondent’s household;

15
(c) prohibiting the respondent from damaging property of the
complainant or a child of the complainant or respondent; or
(d) prohibiting the respondent from causing another person to
engage in the conduct referred to in paragraph (a) or (c).
(4) A protection order shall, in each case, provide that the respondent
against whom the order was sought, attend the Family Services Division
of the Welfare Department or such other agency as the Court specifies,
for appropriate counselling and therapy.
(5) Where an order referred to in subsection (4) is made against a
male respondent, the Court shall direct that the respondent enrol in an
appropriate programme that is facilitated by the Ministry responsible
for Social Care.
(6) A protection order may, in each case, provide that the
complainant or any other person, including a child, in respect of whom
the order was made, attend the Family Services Division of the Welfare
Department or such other agency as the Court specifies, for appropriate
counselling and therapy.
(7) Where a protection order includes provisions under subsections
(4), (5) or (6), the Family Services Division of the Welfare Department,
the coordinators of any programme that is facilitated by the Ministry
responsible for Social Care or any other agency specified by the Court,
shall submit to the Court a report setting out the following:
(a) the dates on which counselling took place;
(b) the nature of the counselling and therapy carried out; and
(c) the response given to the counselling and therapy by the
parties to the order.
(8) The report referred to in subsection (7) shall be submitted to the
Court not later than one month before the expiration of the protection
order or at such other time as the Court specifies.

16
(9) For the purposes of this section “complainant” means a person
against whom domestic violence was committed or who was
harassed.”.
Amendment of section 7 of Cap. 130A
Section 7 of the principal Act is amended in subsection (1) by
7.
deleting paragraph (c).
Insertion of sections 11A to 11E into Cap. 130A
The principal Act is amended by inserting immediately after section
8.
11 the following as sections 11A to 11E:
“Duties of members of the Police Force
11A.(1) A member of the Police Force shall respond to every
complaint alleging domestic violence.
(2) The Commissioner of Police shall keep a Domestic Violence
Register for the purpose of recording information obtained by a member
of the Police Force who responds to a complaint alleging domestic
violence.
(3) A member of the Police Force who responds to a complaint
alleging domestic violence shall complete a report in accordance with
Form 6 set out in the Schedule to this Act and record the information
in a Domestic Violence Register to be maintained by the Commissioner
of Police.
(4) A member of the Police Force shall, as soon as is practicable after
completing a report in accordance with subsection (3), provide the
person making the complaint with a copy of the report.

17
(5) Where practicable, when responding to a complaint alleging
domestic violence, a member of the Police Force shall render assistance
to a victim of domestic violence by
(a) seeking medical attention for a victim who has suffered
injury;
(b) accompanying the victim onto premises for the purpose of
retrieving personal property;
(c) ensuring the welfare and safety of children and other persons
who are on the premises; and
(d) preventing further breaches of the law.
(6) A member of the Police Force shall, as soon as is practicable after
receiving a complaint alleging domestic violence, verbally inform the
victim of domestic violence of the victim’s rights and provide a printed
copy of those rights as set out in Form 7 of the Schedule to this Act.
(7) A member of the Police Force shall, pursuant to an order issued
under section 11B or an order of the Court, seize any ammunition,
firearms or other weapons in the possession or control of the
perpetrator, whether or not those weapons were used to commit an act
of domestic violence.
Power to issue emergency protection order
11B.(1) Where a member of the Police Force exercises his power of
arrest in accordance with section 12(4), a subordinate police officer may
issue an emergency protection order in accordance with Form 8 as set
out in the Schedule to this Act, where he has reasonable cause to believe
that the issue of an order is necessary to ensure the safety of a person
at risk.
(2) A subordinate police officer may issue an emergency protection
order under subsection (1) without the consent of the person at risk.

18
(3) In determining whether to issue an emergency protection order
under subsection (1), the subordinate police officer shall consider
(a) whether the person at risk has immediate access to the Court
to make an application in accordance with section 4;
(b) the likelihood that the perpetrator will continue to commit
acts of domestic violence against the person at risk;
(c) the welfare of any children residing with the perpetrator or
the person at risk;
(d) any hardship that may be caused if the order is issued; and
(e) any other matter that, in the circumstances of the case, the
member of the Police Force considers relevant.
Service of emergency protection order
11C.(1) Where an emergency protection order is issued, it shall be
served personally by a member of the Police Force on the perpetrator
as soon as is reasonably practicable after the order is issued.
(2) An order served under subsection (1) shall remain in force until
such time as an order is made by the Court pursuant to an application
under section 4, but no longer than 7 days from the date on which it is
issued.
(3) A member of the Police Force who serves an emergency
protection order shall explain to the perpetrator in a language that he
understands,
(a) the purpose, terms, duration and effect of the order; and
(b) the consequences that may follow if the perpetrator fails to
comply with the terms of the order.
(4) A member of the Police Force shall, as soon as is reasonably
practicable after serving an emergency protection order, notify the

19
person at risk of the emergency protection order and the purpose, terms,
duration and effect of that order.
Effect of emergency protection order
Where an emergency protection order is served on a
11D.
perpetrator, the perpetrator shall immediately cease to engage in
behaviour that constitutes harassment or domestic violence towards the
person at risk and, for the duration of the order, shall
(a) vacate any premises occupied by the person at risk; and
(b) surrender to a member of the Police Force any licences or
permits issued under the Firearms Act, Cap. 179 and any
ammunition, firearms or other weapons in that person’s
possession or control, whether or not such weapons were used
to commit an act of domestic violence.
Breach of emergency protection order
11E.(1) Where an emergency protection order is issued and served
in accordance with sections 11B and 11C and the perpetrator
contravenes the order in any respect, the perpetrator is guilty of an
offence and is liable on summary conviction to a fine of $2 500 or to
imprisonment for a term of 6 months or to both.
(2) A person who is arrested for contravention of an emergency
protection order shall be brought before the Court within a period of 24
hours beginning at the time of the arrest, or as soon as reasonably
practicable thereafter.”.
Amendment of section 12 of Cap. 130A
9.

Section 12 of the principal Act is amended by
(a) deleting subsections (3) and (4) and substituting the following:

20
“(3) Where a power of arrest is attached to an order under subsection
(1), a member of the Police Force may arrest without a warrant, a person
whom he has reasonable cause to suspect is in breach of such order, by
reason of that person’s use of violence or unauthorised entry into the
premises or areas referred to in section 6(1).
(4) A member of the Police Force may arrest without a warrant a
person whom he has reasonable cause to suspect has committed or is
about to commit an act of domestic violence, where a failure to act
immediately may result in serious physical injury or death.”; and
(b) inserting immediately after subsection (4) the following as subsection
(5):
“(5) Where a person is arrested under subsection (3) or (4), he shall
be brought before the Court within the period of 24 hours beginning at
the time of his arrest, or as soon as reasonably practicable
thereafter.”.
Amendment of section 14 of Cap. 130A
10.
The principal Act is amended by deleting section 14 and substituting
the following:
“Power to enter premises
14.(1)
A member of the Police Force may, without a warrant, enter
any premises for the purpose of giving assistance to anyone present
(a) if he has reasonable grounds to suspect that an emergency
protection order, an interim protection order or a final
protection order is being breached; or
(b) if, upon the invitation of a person resident at the premises or
independently, he has reasonable grounds to suspect that a

21
person on the premises has suffered or is in imminent danger
of suffering physical injury at the hands of some other person.
(2) Where a member of the Police Force exercises a power of entry
under subsection (1), he shall, as soon as is reasonably practicable after
exercising the power, submit to the Commissioner of Police through
the Station Sergeant for the district in which the incident occurred, a
report which shall include
(a) the reason for entering the premises without a warrant;
(b) the offence being committed or about to be committed;
(c) the manner in which the investigation was conducted; and
(d) the measures taken to ensure the safety and protection of the
person at risk of injury.”.
Amendment of section 16 of Cap. 130A
11.
Section 16 of the principal Act is amended by deleting subsections
(3) and (4).
Insertion of section 19A into Cap. 130A
12.
The principal Act is amended by inserting immediately after section
19 the following as section 19A:
“Obligation to report child abuse
19A.(1) A person who attends to, examines or otherwise interacts
with a child and is aware or has reasonable cause to suspect that the
child is a victim of domestic violence, shall immediately notify the
Child Care Board or a member of the Police Force of that suspicion.

22
(2)

A person who
(a) is aware or has reasonable cause to suspect that a child is a
victim of domestic violence and fails to notify the Child Care
Board or a member of the Police Force; or
(b) knowingly and maliciously makes a false, inaccurate or
misleading statement to the Child Care Board or a member
of the Police Force, alleging that a child is a victim of
domestic violence,

is guilty of an offence and liable on summary conviction to a fine of $5
000 or imprisonment for a term of 12 months or to both.”.
Amendment of the Schedule to Cap. 130A
13.

The principal Act is amended by
(a) deleting Form I of the Schedule and substituting Form I as set out
in the Schedule to this Act;
(b) inserting immediately after Form 2, Form 2A as set out in the
Schedule to this Act; and
(c) inserting immediately after Form 5, Forms 6, 7 and 8 as set out in
the Schedule to this Act.

23
SCHEDULE
(Section 13)
L.R.O. 1998

Domestic Violence (Protection Orders) Act
Cap. 130A
FORM 1
(Section 4(1))
IN THE MAGISTRATE'S COURT FOR DISTRICT
APPLICATION FOR PROTECTION ORDER

Between
A. B. of

Complainant
and

C. D. of

Respondent

I

of
Name of Complainant

Address of Complainant

, being the victim/the appointed representative
of

, a party to a domestic relationship with the

Name of Victim

respondent, hereby apply for a protection order on the ground(s) that:

Complainant

Taken and sworn before me this

day of

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados

(Signature)
Magistrate for District

.

24
Schedule - (Cont'd)

L.R.O. 1998

Domestic Violence (Protection Orders) Act
Cap. 130A
FORM 2A
(Section 5(1))
IN THE MAGISTRATE'S COURT FOR DISTRICT
AFFIDAVIT
I

of,
Name of Deponent

Address of Deponent

,
Occupation of Deponent

make oath and say as follows:
1.

I am the Complainant herein.

2.
The facts and matters deposed to in this Affidavit are made of my own
knowledge and I certify that I believe that the facts stated in this Affidavit are true.
3.

My relationship with the Respondent is

4.

The circumstances which gave rise to this complaint are that:

5.

I made a complaint/A complaint was made on my behalf by
Name of Complainant

A copy of a report dated

at District

.

District Name

Police Station.

is annexed hereto and marked

Date of Report

.
Sworn to by the Deponent
at

Name of Deponent

on the

day of

Before me
THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados

Justice of the Peace/Magistrate for District

.

L.R.O. 1998
25
Schedule - (Cont'd)

Domestic Violence (Protection Orders) Act
Cap. 130A
FORM 6
(Section 11A(3))
DOMESTIC VIOLENCE POLICE REPORT
District of station:
Date:

Time:

Diary Reference:
Investigating Officer:
(Rank/Number/Name)

Name of complainant:
(Surname/First Name/Middle Name(s))

Address of complainant:

Relationship of complainant to victim:
Relationship of victim to perpetrator:
Name of victim:
(Suname/First Name/Middle Name(s))

Address of victim:

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados

Sex:

Age:

Occupation:

L.R.O. 1998
26
Schedule - (Cont'd)
FORM 6 - (Cont'd)
DOMESTIC VIOLENCE POLICE REPORT - (Cont'd)
Name of perpetrator:
(Suname/First Name/Middle Name(s))

Address of perpetrator:

Sex

Age:

Occupation:

Name of witness:
(Suname/First Name/Middle Name(s))

Address of witness:

Relationship to victim:
Brief statement of facts:

Injury to victim:

State whether medical report is attached:

Yes

No

L.R.O. 1998
27
Schedule - (Cont'd)
FORM 6 - (Cont'd)
DOMESTIC VIOLENCE POLICE REPORT - (Cont'd)
Type(s) of weapon used:
State the whereabouts of the children at time of incident:

State whether previous complaints were laid against perpetrator:

Date(s):

Time(s):

Diary Reference(s):

District of station:

Investigating officer:
(Rank/Number/Name)

Action taken on previous complaint:

Action taken by:

(Rank/Number/Name)

State whether an arrest was made:

Yes

No

Date of arrest:
THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados

State whether an emergency protection order was issued:
Date of issue of emergency protection order:

Yes

No

L.R.O. 1998
28
Schedule - (Cont'd)
FORM 6 - (Cont'd)
DOMESTIC VIOLENCE POLICE REPORT - (Cont'd)
Status of previous complaint(s):

State whether charges were laid:

Yes

No

State the charges laid/State the reason that no charges were laid:

State whether a protection order was in force:

Yes

No

Date of issue of protection order:
Duration of protection order:
Action taken on present complaint:

Action taken by:
State whether an arrest was made:

(Rank/Number/Name)

Yes

No

Yes

No

Date of arrest:
State whether charges were laid:

L.R.O. 1998
29
Schedule - (Cont'd)
FORM 6 - (Concl'd)
DOMESTIC VIOLENCE POLICE REPORT - (Concl'd)
State the charges laid/State the reason why no charges were laid:

State whether an emergency protection order is in force:

Yes

No

Yes

No

Date of issue of emergency protection order:
State whether a protection order is in force:
Duration of protection order:
Date of issue of protection order:

(Name of Investigating Officer)

(Signature)

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados

(Name of Station Sergeant)

(Signature)

L.R.O. 1998
30
Schedule - (Cont'd)

Domestic Violence (Protection Orders) Act
Cap. 130A
FORM 7
(Section 11A(6))
RIGHTS OF THE VICTIM
A victim is hereby advised of the right to:
1.
Request the assistance of a member of the Police Force in the protection of the
victim and the children, if any.
2.
Request the assistance of a member of the Police Force in accompanying
the victim and the children, if any, to a place of safety including the Child Care
Board, the home of a family member or friend, a shelter or any other place of safety.
3.
Request the assistance of a member of the Police Force in accompanying
the victim and the children, if any, to the residence of the perpetrator to retrieve
the victim's or the children's personal property.
4.
Request the assistance of a member of the Police Force in seeking medical
treatment or in accompanying the victim and the children, if any, to a medical facility.
5.
Lay a criminal complaint against the perpetrator where the conduct of the perpetrator
amounts to a criminal offence.
6.
Be provided, by a member of the Police Force, with information regarding how a
protection order may be obtained.
7.

Seek legal representation.

8.
Obtain a protection order from the Court to be served on the perpetrator by a marshal
of the Court.
9.

Request that the address of the victim is not disclosed to the perpetrator.

10. Request further information on the exercise of the rights of the victim from
THE LAWS OF BARBADOS
the District PolicePrinted
Station
whichPrinter,
the complaint
was laid.
by the at
Government
Bay Street, St. Michael
by the authority of the Government of Barbados

L.R.O. 1998
31
Schedule - (Cont'd)

Domestic Violence (Protection Orders) Act
Cap. 130A
FORM 8
(Section 11B(1))
EMERGENCY PROTECTION ORDER
1.

Date of complaint:

2.

Name of person(s) at risk:

3.

Name of perpetrator:

4.

Address:

5.

Sex:

6.

District of Station:

7.

Investigating Officer:

8.

Brief statement of facts:

Age:

Occupation:

(Rank/Number/Name)

I declare that I have reasonable cause to believe that the issue of this emergency protection
order is necessary to ensure the safety of the person(s) at risk. The perpetrator must
immediately cease to engage in behaviour that constitutes harassment or domestic violence
towards the person(s) at risk and vacate any premises occupied by the person(s) at risk.
The perpetrator must surrender any licences or permits issued under the Firearms Act,
Cap. 179 and any ammunition, firearms or other weapons in the perpetrator's possession
or control.

Dated this

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados

day of

Police Officer

, 20

.

L.R.O. 1998
32
Schedule - (Concl'd)
FORM 8 - (Concl'd)
EMERGENCY PROTECTION ORDER - (Concl'd)
NOTICE TO THE PERPETRATOR:
This emergency protection order remains in force for a period of 7 days from the date on which
it is issued.
If you do not comply with this order, you will render yourself liable to arrest without further notice.
You are referred to sections 11B to 11E of the Domestic Violence (Protection Orders) Act, Cap. 130A.

33

Read three times and passed the House of Assembly this
day of
, 2016.

Speaker

Read three times and passed the Senate this
, 2016.

President

day of

DOMESTIC VIOLENCE (PROTECTION ORDERS) (AMENDMENT) ACT, 2016

EXPLANATORY MEMORANDUM

The Domestic Violence (Protection Orders) Act, Cap. 130A came into force on
13th February, 1992 to provide for, inter alia, the granting of protection orders in
circumstances surrounding domestic violence. However, certain deficiencies in
the law have become apparent. The amended legislation purports to enhance the
protection offered to victims of domestic violence and ensure that perpetrators
are held accountable. It will, inter alia, provide a comprehensive definition of
the term “domestic violence”, extend the categories of persons considered to be
in a domestic relationship, extend the categories of persons or agencies that may
intervene on behalf of a victim of domestic violence and extend the powers of
the Police Force when dealing with complaints alleging domestic violence.
Clause 1:

states the short title by which the Act may be cited.

Clause 2:

replaces the definitions of the terms “child”, “harassment” and
“spouse” used in the principal Act and sets out the definitions
of other terms used in the legislation.

Clause 3:

amends section 3 of the principal Act to provide for the
circumstances under which the Court will issue a final
protection order. Provision is also made for the issuance of an
interim protection order including when such an order may be
issued, the criteria to be met by a complainant before such an
order is issued and how that type of order should be served on
the respondent.

Clause 4:

amends section 4 of the principal Act to extend the class of
persons who may apply to the Court for a protection order. It
also provides for the procedure observed by the Court where
an application is made for a protection order, as well as the
options available to the Court in dealing with the application

i

Domestic Violence (Protection Orders)
(Amendment) Act, 2016

when either the complainant or his representative or the
respondent failed to appear at the time and place appointed for
hearing.
Clause 5:

amends section 5 of the principal Act to state that affidavit
evidence in accordance with Form 2A as set out in the
Schedule, may be given in support of an application for a
protection order.

Clause 6:

amends section 6 of the principal Act to expand the terms that
can be included by the Court when issuing a protection order.
Such terms include making an order for the payment of
compensation for pecuniary loss suffered by a complainant,
payment for the maintenance of a dependant of the
complainant and respondent and, where no order is in force
under other legislation, making an order as to the maintenance
of the complainant or a child of the complainant, the custody
of or access to a child of the respondent and the enrolment of
male perpetrators of domestic violence in programmes
facilitated by the Ministry responsible for Social Care. The
Court may also make an order for a respondent to surrender
to the police, any ammunition, firearms or other weapons in
the respondent’s control, whether or not they were used to
commit an act of domestic violence.

Clause 7:

amends section 7 of the principal Act to remove the need for
the Court to consider the preservation and protection of the
institution of marriage or a union other than marriage and the
provision of protection and assistance to the family as a natural
and fundamental group unit in society, when determining an
application for a protection order.

Clause 8:

inserts sections 11A to 11E into the principal Act. Section 11A
provides a list of the duties of members of the Police Force

ii

Domestic Violence (Protection Orders)
(Amendment) Act, 2016

when dealing with complaints alleging domestic violence.
They have a duty to respond to every complaint, complete a
report in accordance with Form 6 as set out in the Schedule,
provide the complainant with a copy of the report, render
assistance to the victim, inform the victim of the victim’s
rights, provide a printed copy of those rights and, pursuant to
an emergency protection order or protection order issued by
the Court, seize ammunition, firearms or other weapons in the
control of the person against whom a complaint is made. It
also states that the Commissioner of Police shall keep a
Domestic Violence Register to record information by
members of the Police Force who respond to complaints
alleging domestic violence. Section 11B vests in a member of
the Police Force at the rank of Sergeant, the power to issue
emergency protection orders in accordance with Form 8 as set
out in the Schedule, after an arrest is made by a member of
the Police Force upon reasonable suspicion that an act of
domestic violence was committed or is about to be committed.
It provides that the Sergeant must consider certain factors
before issuing an emergency protection order, but may issue
such an order without the consent of the person at risk.
Sections 11C to 11E make provision for the service of an
emergency protection order, the responsibility of a perpetrator
after being served with an emergency protection order and the
penalty for breaching an emergency protection order
respectively.
Clause 9:

amends section 12 of the principal Act to provide for the
power of a member of the Police Force to arrest without a
warrant, a person who is suspected to be in breach of a
protection order by reason of that person’s use of violence or
unauthorised entry into premises or areas referred to in section
6(1) of the Act. It also confirms that members of the Police

iii

Domestic Violence (Protection Orders)
(Amendment) Act, 2016

Force have the power to make an arrest on reasonable
suspicion that an act of domestic violence was committed or
is about to be committed. It states that where the power of
arrest is exercised, the subject of the arrest should be brought
before the Court within 24 hours from the time of his arrest or
as soon as reasonably practicable thereafter.
Clause 10:

amends section 14 of the principal Act to provide for the
circumstances in which a member of the Police Force may
enter premises without a warrant for the purpose of giving
assistance to any person on those premises. It also provides
that where such a power of entry is exercised, the member of
the Police Force who exercised that power must prepare and
submit a report to the Commissioner of Police.

Clause 11:

amends section 16 of the principal Act by deleting subsections
(3) and (4).

Clause 12:

inserts section 19A into the principal Act. Section 19A
imposes upon a certain group of individuals, namely, those
who examine or attend to a child (e.g. doctor, psychologist,
teacher) an obligation to report child abuse to the Child Care
Board or a member of the Police Force and provides the
penalty for a failure to report child abuse or knowingly and
maliciously making a false, inaccurate or misleading report.

Clause 13:

amends the Schedule to the principal Act. Form I is a new
Application for Protection Order. Form 2A is the Affidavit in
support of an Application for Protection Order. Form 6 is the
Domestic Violence Police Report. Form 7 lists the Rights of
the Victim. Form 8 is the Emergency Protection Order.

iv




picsart_01-29-06-44-01
#ProtectTheChildren
-Tru Focus 

One thought on “Y/OUR VOICE MATTERS: Domestic Violence Protection Orders Act (amendments)”

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