What is Interim Protection Order and How to Apply for it

An interim protection order is designed with the aim of preventing the reoccurrence of domestic violence or sexual harassment by stating what conduct the purported offender must refrain from doing. Compliance of the protection order will place the complainant in a safe situation.

The contravention of any stipulated terms of the protection order by the respondent may result in the arrest of such person. The enforcement of a protection order extends throughout the country.

Interim protection orders’ are governed under Section 4 of the Domestic Violence Act 1994, which reads as follows:

‘The court may, during the pendency of investigations relating to the commission of an offence involving domestic violence, issue an interim protection order prohibiting the person against whom the order is made from using domestic violence against his or her spouse or former spouse or a child or an incapacitated adult or any other member of the family, as the case may be, as specified in the order.’

Such an order shall be made via an application to the court and shall cease to have effect:

(a)        upon the completion of the investigations; or

(b)        when a criminal proceeding pertaining to the commission of an offence involving domestic violence is instituted against the person against whom the order is made.

A vital point to note is that, criminal charges may be procured in cases where acts of domestic violence and/or sexual harassment have occurred. There is no mandatory requirement for one to first exhaust the remedies available under the protection order prior to bringing forward the relevant criminal charges.

The terms of the protection order will prohibit the respondent from:

1. The commission of any act construing domestic violence and/or sexual harassment;
2. Entering the joint residence or entering a specific part of the residence;
3. Entering the victim’s residence where both the applicant and respondent do not reside together;
4. Entering the victim’s place of employment/office;
5. Possessing contact with a child or children provided that such is in the best interest of the child.