DOMESTIC VIOLENCE (AMENDMENT) ACT 2012

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 2

in the definition of “domestic violence”—

by substituting for the word “any” the word “one or more”;

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

in the case where the victim is a child, causing the victim to suffer delusions by using any intoxicating substance or any other substance,”; and

by inserting after the words “by a person” the words “, whether by himself or through a third party,”;

by substituting for the definition of “incapacitated adult”

the following definition:

‘ “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;’;

by inserting after the definition of “shared residence” the following definition:

‘ “social welfare officer” means a social welfare officer of the Ministry or Department responsible for welfare services and includes an assistant social welfare officer;’;

in the definition of “enforcement officer”, by substituting for the words “welfare officer from the

Department of Social Welfare” the words “social welfare officer”;

Domestic Violence (Amendment)

by inserting after the definition of “other member of the family” the following definition:

‘ “police officer” has the same meaning assigned to it in the Police Act 1967 [Act 344];’;

in the definition of “protection order”, by substituting for the words “Part II” the words “section 5”;

by inserting after the definition of “incapacitated adult”

the following definition:

‘ “interim protection order” means an order issued under section 4;’;

by inserting after the definition of “shared residence” the following definition:

‘ “shelter” means any home, institution or any other suitable place of which the occupier or owner is willing to receive a victim temporarily;’;

and

by substituting for the definition of ‘ “safe place” or

“shelter” ’ the following definition:

‘ “safe place” means any home or institution maintained or managed by the Ministry or Department responsible for welfare services or by any other agency or voluntary organization approved by the Minister for the purposes of this Act;’.

Substitution of section 3

by substituting for subsection (2) the following subsection:

“(2)  An interim protection order shall be made by way of an application to the court.”; and

by inserting after subsection (2) the following subsections:

“(3)  The court in making an interim protection order under subsection (1) may include a provision prohibiting the person against whom the order is made from inciting any other person to commit domestic violence against the spouse or former spouse or a child or an incapacitated adult or any other member of the family, as the case may be, of the person against whom the order is made.

An interim protection order shall cease to have effect—

in subsection (1), by substituting for the word “proceedings”

the words “an application”; and

Domestic Violence (Amendment)

by substituting for subsection (2) the following subsection:

“(2)  The court in making a protection order under paragraph (1)(a), (b) or (c) may include a provision prohibiting the person against whom the order is made from inciting any other person to commit domestic violence against the protected person or persons.”.

Amendment of section 6

by substituting for paragraph (b) the following paragraph:

“(b) prohibiting or restraining the person against whom the order is made from—

entering any protected person’s safe place, shelter, place of residence or shared residence or alternative residence, as the case may be;

making personal contact with any protected person other than in the presence of an enforcement officer or such other person as may be specified or described in the order;”; and

in paragraph (d), by substituting for the words “written or telephone communication” the words “communication by any means”.

Amendment of section 7

in subsection (1), by substituting for the word “may” the word “shall”; and

by substituting for subsection (2) the following subsection:

“(2)  If a power of arrest is attached by virtue of subsection (1), a police officer shall arrest without warrant the person against whom the order is made when one or more of the following situations arise:

when there is a report of domestic violence lodged by a person who is protected under the interim protection order or protection order to any police officer;

when the police officer has reasonable cause to believe that the person against whom the order is made is in breach of—

the order issued under subsection 4(1)

or 5(1); or

when the person against whom the order is made enters into any place prohibited under the order.”.

Amendment of section 10

by substituting for subsection (1) the following subsection:

“(1)  The court may, in an application in which a protection order is sought, instead of or in addition to issuing a protection order, make an order to refer the parties concerned to a conciliatory body.”;

by inserting after subsection (1) the following subsections:

“(1a)  The conciliatory body referred to in subsection (1) shall submit a report together with its recommendation to the court within one month from the date of referral.

The court may, after considering the report and recommendation submitted to it under subsection (1a), order that one or more parties be referred to rehabilitative therapy, psychotherapy or such other reconciliatory counselling as it deems appropriate.”;

”; and

the applicant;

the applicant’s counsel; or

a social welfare officer on behalf of the applicant.

Setting aside an interim protection order 12b.  The person against whom an interim protection order is made may apply to set aside the order within fourteen days from the date the order is served.”.

Substitution of section 14

the complainant resides;

the person against whom the protection is sought resides;

Domestic Violence (Amendment)

the alleged violence occurred; or

the complainant is placed temporarily, and the application shall be heard by the court as soon as practicable.”.

Amendment of section 15

in the shoulder note, by substituting for the word

“Complaints” the word “Application”; and

by substituting for the words “a complaint, such complaint”

the words “an application under section 14, such application”.

Amendment of section 16

The officer in charge of the police district or any other police officer under his command referred to in subsection (1) shall file proof of service of a copy of the order with the court within seven days of service.”.

New section 17a

Upon receipt of the application under subsection (1), the court shall make an order for a substituted service of the protection order or interim protection order—

The substituted service of a copy of the order made under subsection (2) shall be effected by the court and shall be deemed to be good and sufficient service of the order on the offender.

The substituted service effected under subsection (3)

shall be communicated to the applicant by the court as soon as practicable.”.

New section 18a