5. Protection order

Terms defined in s 2

• child

  child

  Defined · s 2

  “child” means a person below the age of eighteen years who is living as a member of the offender’s family or of the family of the offender’s spouse or former spouse, as the case may be;

  Open s 2
• court

  court

  Defined · s 2

  “court” means— (a) in respect of criminal proceedings involving allegations of domestic violence, the court competent to try the actual offence with which the accused is charged; (b) in respect of civil proceedings for compensation under section 10, the court competent to hear such claims in tort;

  Open s 2
• domestic violence

  domestic violence

  Defined · s 2

  “domestic violence” means the commission of one or more of the following acts: (a) wilfully or knowingly placing, or attempting to place, the victim in fear of physical injury; (b) causing physical injury to the victim by such act which is known or ought to have been known would result in physical injury; (c) compelling the victim by force or threat to engage in any conduct or act, sexual or otherwise, from which the victim has a right to abstain; (d) confining or detaining the victim against the victim’s will; (e) causing mischief or destruction or damage to property with intent to cause or knowing that it is likely to cause distress or annoyance to the victim; (ea) dishonestly misappropriating the victim’s property which causes the victim to suffer distress due to financial loss; (eb) threatening the victim with intent to cause the victim to fear for his safety or the safety of his property, to fear for the safety of a third person, or to suffer distress; Domestic Violence 7 (ec) communicating with the victim, or communicating about the victim to a third person, with intent to insult the modesty of the victim through any means, electronic or otherwise; (f) causing psychological abuse which includes emotional injury to the victim; (g) causing the victim to suffer delusions by using any intoxicating substance or any other substance without the victim’s consent or if the consent is given, the consent was unlawfully obtained; or (h) in the case where the victim is a child, causing the victim to suffer delusions by using any intoxicating substance or any other substance, by a person, whether by himself or through a third party, against— (i) his or her spouse; (ii) his or her former spouse; (iii) a child; (iv) an incapacitated adult; or (v) any other member of the family;

  Open s 2
• incapacitated adult

  incapacitated adult

  Defined · s 2

  “incapacitated adult” means a person who is wholly or partially incapacitated or infirm, by reason of permanent or temporary physical or mental disability or ill-health or old age, who is living as a member of the family of the person alleged to have committed the domestic violence, and includes any person who was confined or detained by the person alleged to have committed the domestic violence;

  Open s 2
• protected person

  protected person

  Defined · s 2

  “protected person” means a person who is protected under a protection order;

  Open s 2
• protection order

  protection order

  Defined · s 2

  “protection order” means an order issued under section 5;

  Open s 2
• victim

  victim

  Defined · s 2

  “victim” means a victim of domestic violence. Act to be read together with Penal Code, etc.

  Open s 2