Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831769037.pdf (Saint Kitts and Nevis)
LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.

12.04 1 ST. CHRISTOPHER AND NEVIS CHAPTER 12.04 DOMESTIC VIOLENCE ACT Revised Edition showing the law as at 31 December 2020 This is a revised edition of the law, prepared by the Law Commission under the authority of the Law Commission Act, Cap.

1.03.
1.03.

This edition contains a consolidation of the following laws— DOMESTIC VIOLENCE ACT Act 22 of 2014 .. in force 22 November 2019 Page 3 Printed under Authority by The Regional Law Revision Centre Inc. ANGUILLA This booklet is published in 2020 Consolidated, Revised and Prepared under the Authority of the Law Commission Act, on behalf of the Government of Saint Christopher and Nevis By The Regional Law Revision Centre Inc. P.O.
Box 1626, 5 Mar Building, The Valley, AI-2640, Anguilla Available for purchase from— Attorney General’s Chambers Government Headquarters, P.O.Box 164, Church Street, Basseterre, St.Kitts, West Indies Tel: (869) 465-2521 Ext.

1013 Tel: (869) 465-2127 Fax: (869) 465-5040 Email: attorneygeneral@gov.kn Printed on the authority and on behalf of the Government of Saint Christopher and Nevis LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 3 CHAPTER 12.04 DOMESTIC VIOLENCE ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY MATTERS Interpretation 1.

Short title 2.

3.

Duty to inform victim and applicant of rights 4.

Arrest by police officer without warrant PART II PROTECTION AGAINST DOMESTIC VIOLENCE 5.

Person entitled to apply for a protection order 6.

Power of Court to issue interim protection order 7.

Terms of Protection Order 8.

Matters to be considered by Court 9.

Seizure of firearm and dangerous weapons 10.


Service of notice of proceedings 11.

Service other than personal service 12.

Filing of affidavits 13.

Power to issue final protection order 14.

Explanation of orders 15.

Respondent to have notice of final protection order 16.

Variation and revocation of orders 17.

Service of protection order 18.

Breach of protection order 19.

Application for an occupation order 20.

Grant of occupation order 21.

Effect of occupation order 22.


Grant of occupation order on an ex parte application 23.

Application for tenancy order 24.

Grant of tenancy order 25.

Effect of tenancy order 26.

Grant of tenancy orders on an ex parte application 27.

Revesting order 28.

Rehabilitation orders PART III POLICE POWERS OF ENTRY AND ARREST 29.

Duties of police officers 4 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Issue of warrant 30.

31.
31.

Police powers of arrest without warrant 32.

Duty of police officer to assist victims 33.

Warrant of arrest and procedure upon arrest of respondent where Court issues interim protection order 34.

Powers of arrest where a final protection order is in force 35.

Existing criminal law to apply PART IV MISCELLANEOUS 36.

Conduct of proceedings 37.

Evidence 38.

Standard of proof 39.

Restriction of publication of reports 40.

Orders by consent 41.

Appeals 42.

Protection of mortgage 43.


Rules of the Court 44.

Property rights 45.

Obligation to report ill-treatment of a child 46.

Bail 47.

Offences 48.

Regulations 49.

Repeal and savings FIRST SCHEDULE: Information to Victim and Applicant Regarding his or her Rights SECOND SCHEDULE: Forms LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 5 CHAPTER 12.04 DOMESTIC VIOLENCE ACT AN ACT TO PROVIDE GREATER PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE AND TO MAKE PROVISION FOR THE GRANTING OF PROTECTION ORDERS AND FOR MATTERS INCIDENTAL THERETO AND CONNECTED THEREWITH.

PART I PRELIMINARY MATTERS Short title.

1.

This Act may be cited as the Domestic Violence Act.

Interpretation.

2.
In this Act, unless the context otherwise requires— “applicant” means a person who applies or on whose behalf an application is made for an order pursuant to section 5; “approved social worker” means a person experienced and qualified in social work and approved by the Minister in writing; “child” means a person under the age of eighteen years who— (a) normally resides with the applicant or, whether or not the child is a child of the applicant and the respondent or either of them; or (b) is an adopted child, a stepchild, or a child who is treated as a child of the family; or (c) is related by consanguinity or affinity to either the applicant or the respondent; or (d) is in the care and protection of the applicant or the respondent; or (e) is a person of whom either the applicant or the respondent is a guardian; or (f) is or has been a member of a shared household; and (g) is not a person who is or has been married; “cohabitant” means a person who is living or has lived with a person of the opposite sex as a husband or wife although not legally married to that person; “Court” means the Family Court; “dependant” means a person over the age of eighteen years who by reason of physical or mental disability, age or infirmity is reliant on either the applicant or the respondent for his or her welfare; “Director” means the Director of Social/Family Services; 6 CAP.
12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 “domestic relationship” means a relationship between an applicant and a respondent in any of the following ways— (a) they are or were married to each other, including marriage according to any law, custom or religion; (b) they are cohabitants or were cohabitants; (c) they are the parents of a child or are persons who have or had parental responsibility for the child, whether or not at the same time; (d) they are family members related by consanguinity, affinity or adoption; (e) they would be family members related by affinity if the persons referred to in paragraph (b) were, or were able to be married to each other; (f) they are or were in an engagement, dating or visiting relationship which includes but is not limited to an actual or perceived romantic, intimate or sexual relationship of any duration; or (g) they share or shared the same household or residence; “domestic violence” means any controlling or abusive behaviour that harms the health, safety or well-being of a person or any child and includes but is not limited to the following— (a) physical abuse or threats of physical abuse; (b) sexual abuse or threats of sexual abuse; (c) emotional, verbal or psychological abuse; (d) economic abuse; (e) intimidation; (f) harassment; (g) stalking; (h) damage to or destruction of property; or (i) entry into the applicant’s residence without consent, where the parties do not share the same residence; “economic abuse” means the avoidance of financial obligations owed to the applicant and child or a dependant of the respondent, including mortgage or rental obligations; “emergency monetary relief” means compensation for monetary losses suffered by an applicant and any child at the time of the issue of an interim protection order as a result of the domestic violence, including— (a) loss of earnings; (b) medical and dental expenses; (c) moving, relocation and accommodation expenses; or (d) household necessities and other interim expenses; LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 7 “emotional, verbal and psychological abuse” means degrading or humiliating conduct by the respondent to the applicant, including— (a) repeated insults, ridicule or name calling; (b) repeated threats to cause emotional pain; (c) the repeated exhibition of behaviour which constitutes serious invasion of the applicant’s privacy, liberty, integrity or security; “firearm” shall have the meaning assigned to it under the Firearms Act, Cap.
19.05; “harassment” means engaging in a pattern of conduct that induces the fear of harm, including— (a) watching or loitering outside of or near the building or place where the applicant resides, works or carries on business, studies or happens to be; (b) repeatedly making telephone calls or inducing another person to make telephone calls to the applicant, whether or not conversation ensues; (c) repeatedly sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic mail or other objects to the applicant; “interim protection order” means an order made pursuant to section 6; “intimidation” means uttering, conveying or causing any person to receive a threat which induces fear; “Judicial Officer” means a Judge or a Magistrate; “member of the household” means a person who normally resides in the same dwelling house as the applicant or the respondent and is related to the applicant or respondent by blood marriage or adoption; “Minister” means the Minister responsible for Social Services; “order” includes an interim protection order and a final protection order; “physical abuse” means any act of assault; “police officer” has the meaning assigned to it in the Police Act, Cap.
19.07; “prescribed” means prescribed by the Regulations made pursuant to this Act; “probation officer” means an officer appointed as such by the Public Services Commission; “protection order” means an interim order issued under section 6 and a final protection order issued under section 12; “Registrar” means the Registrar of the Court; 8 CAP.
12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 “respondent” means a person who is or has been in a domestic relationship with the applicant and against whom the applicant has applied for an order under this Act; “sexual abuse” means any sexual conduct that abuses, humiliates, degrades or otherwise violates the sexual integrity of the applicant; “shared household” means a household where the applicant and the respondent live or lived together in a domestic relationship; “spouse” includes a former spouse, a cohabitant or a former cohabitant; “stalking” includes repeatedly following, pursuing or accosting the applicant; “victim” means any person who alleges to have been subjected to an act of domestic violence; “visiting relationship” means a non co-habitational relationship which is otherwise similar to the relationship between husband and wife.
Duty to inform victim and applicant of rights.

(1) A police officer, at the scene of an incident of domestic violence, or when 3. the incident of domestic violence is reported shall— (a) inform the victim of his or her rights in the form set out in the First Schedule; and (b) hand the victim a printed copy of the information relating to the right of the victim pursuant to paragraph (a).
(2) Upon the report of a breach of a protection order to a police officer by a person or a victim, the police officer shall inform the person or the victim of the right to lodge a concurrent complaint against the respondent if a criminal offence appears to have been committed against the person, the victim or a child.

(3) The Director may inform any person or a victim of the relief available pursuant to this Act.

Arrest by police officer without warrant.

4.


Subject to section 30, a police officer may arrest any person at the scene of an incident of domestic violence, without a warrant, whom he or she reasonably suspects of having committed an act of domestic violence.

PART II PROTECTION AGAINST DOMESTIC VIOLENCE Person entitled to apply for a protection order.
(1) A person referred to in subsection (2) may apply to the Court, in the form 5. set out as Form I in the Second Schedule, for a protection order on the grounds that the respondent engaged in domestic violence.

LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 9 (2) An application for a protection order referred to in subsection (1), may be made by— (a) the spouse of the respondent; (b) a member of a shared household, either on his or her own behalf or on behalf of any other member of the shared household; (c) a child; (d) a dependant; (e) a parent or sibling by consanguinity or affinity of either the spouse or respondent not being a member of the shared household; (f) a person who has a child in common with the respondent; and (g) a person who is or has been in a visiting relationship with a person of the opposite sex.
(3) An application made pursuant to subsection (1) may be brought on behalf of the applicant by any other person, who has a material interest in the well-being of the applicant, including a police officer, the Director, a probation officer or an approved social worker, except that the application shall be brought with the consent of the applicant, but such consent shall be dispensed with in circumstances where the applicant is— (a) a child; (b) a dependant; (c) physically or mentally incapacitated by unsoundness of mind or a disability; (d) unconscious; (e) under the influence of intoxicating liquor or is misusing drugs; or (f) a person whom the Court is satisfied is unable to provide the required consent.
(4) Pursuant to subsection (3)(a), a child or dependant may apply for a protection order through— (a) a person with whom the child or dependant ordinarily or periodically resides or resided with or is reliant upon for his or her welfare or any adult member of his or her household; (b) a parent or guardian or a person who is in loco parentis to the child; or (c) the Director or other person who has parental responsibility for the child.
(5) The application referred to pursuant to subsection (1) may be brought outside the ordinary hours of the Court or on a day which is not an ordinary day for the sitting of the Court.
(6) The application for an order under this Act must be supported by evidence on affidavit unless the Court otherwise orders and an affidavit must include— (a) the facts on which the application is based; (b) the nature of the order applied for; and (c) the name of the police station at which the applicant is likely to report any breach of the order.

10 CAP.
10 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 (7) The application made pursuant to this Act may be accompanied by supporting affidavit of any person who has knowledge of the matter concerned.

(8) The applicant may request that his or her physical address be omitted from the protection order.

(9) The application and affidavits shall be lodged with the Registrar who shall forthwith submit the application and the affidavits for consideration of the Court.
(10) In considering an application made pursuant to subsection (1), the Court— (a) may require further oral evidence or evidence by affidavit; and (b) shall record any oral evidence referred to in paragraph (a).

Power of Court to issue interim protection order.

6.
6.

(1) If the Court is satisfied that the respondent is committing, or has committed or is likely to engage in conduct that would constitute an act of domestic violence, the Court shall issue an interim protection order against the respondent, in the form set out as Form II in the Second Schedule.
(2) The Court may issue an interim protection order, pending the hearing and determination of the proceedings for a protection order, if it appears necessary or appropriate to do so in order to ensure the safety and protection of the applicant.

(3) In exercising its powers pursuant to this section, the Court shall not refuse to issue an interim protection order by reason of the fact that the respondent has not been given notice of the proceedings.
(4) An interim protection order issued pursuant to this section must be served on the respondent and must call upon the respondent to show cause on the return date specified in the interim protection order as to why the interim protection order should not be confirmed.

(5) The return date referred to in subsection (4) must not be less than ten days after the date of the order.
(6) An interim protection order may be made for such period of time as the Court considers necessary but shall not exceed twenty-eight days.

(7) An interim protection order shall have no effect until it has been served on the respondent in the manner provided for in section 10(1).

Terms of Protection Order.
(1) A protection order issued by the Court pursuant to this Act may prohibit 7. the respondent from— (a) committing any act of domestic violence; (b) enlisting the help of any person to commit any act of domestic violence; (c) entering the shared household, except that the Court shall only impose this prohibition only if it appears to be in the interests of the applicant or any child or dependant; (d) entering a specified part of the shared household; (e) entering the residence of the applicant; (f) entering the place of employment of the applicant; LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 11 (g) preventing the applicant, any child or dependant who ordinarily resides or has resided in the shared household from entering or remaining in the shared household or a specified part of the shared household; (h) taking possession of, damaging, converting or otherwise dealing with property that the applicant may have an interest in, or is reasonably used by the applicant as the case may be; (i) approaching the applicant within a specified distance; or (j) committing any other act as specified in the order.
(2) In addition to the prohibitions referred to in subsection (1), the Court may direct that— (a) any or all of the conditions of an order be applied for the benefit of a child or dependant; (b) the respondent— (i) return to the applicant specified property that is in his or her possession or under his or her control; (ii) pay emergency monetary relief to the applicant; (iii) pay interim monetary relief to the applicant for the benefit of a child or dependant, where there is no existing order relating to maintenance until such time as an obligation for support is determined, pursuant to any other law; (iv) immediately vacate any shared household for a specified period, whether or not the shared household is owned or leased by the respondent and the applicant, or solely owned or leased by the respondent or the applicant; (v) make or continue to make payments in respect of rent or mortgage payment for premises occupied by the applicant having regard to the financial needs and resources of the applicant and the dependant; or (vi) the applicant, or both, receive professional counselling or therapy from any person or agency or from a programme which is approved by the Director in writing.
(3) The Court may impose any additional conditions which it considers reasonably necessary to provide and protect the safety of the applicant, any child or dependant, including but not limited to an order that a police officer shall accompany the applicant to a specified place to supervise the collection of personal property.

(4) The Court may direct that any or all of the prohibitions or conditions contained in an order apply for the benefit of a child or dependant.
(5) The Court may— (a) refuse the respondent contact with any child if it is shown that such contact is not in the best interests of the child; or (b) order structured contact with any such child.

(6) The Court shall not refuse to issue an order under this Act on the basis that— 12 CAP.
12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 (a) a single act has been committed or a single threat has been made by the respondent; or (b) the acts or threats when viewed in isolation, appear to be minor or trivial.
(7) Where pursuant to subsection (2)(b)(vi) the Court makes an order which includes counselling or therapy, the order must specify— (a) that the Court receive written notification from the counsellor or therapist of sessions missed by the applicant, the respondent or both, as the case may be, without reasonable excuse; and (b) the date by which the counsellor or therapist shall submit a report to the Court in respect of the counselling or therapy.
(8) Where the Court makes an order which includes a direction that the respondent— (a) vacate any shared household; or (b) return to the applicant specified property that is in his or her possession or control, the Court may, in the same order, if it considers necessary, direct a police officer to remove the respondent either immediately or within a specified time from the shared household, or to accompany the applicant, as the case may be, either immediately or within a specified time to specified premises, in order to supervise the removal of property belonging to the applicant and to ensure the protection of the applicant.
(9) A protection order may be for such period as the Court considers necessary but shall not exceed three years.

(10) Where an order contains any prohibitions or directions, the Court shall specify different periods, none of which shall exceed three years, as the period for which each prohibition or direction shall remain in force.

Matters to be considered by Court.
In determining whether or not to impose one or more of the prohibitions or 8. issue a direction specified in section 7, the Court shall have regard to the following— (a) the nature, history, or pattern of the domestic violence that has occurred and whether a previous interim protection order or a final protection order has been issued; (b) the need to protect the applicant and any other person for whose benefit the order has been granted from further domestic violence; (c) the welfare of any child; (d) the accommodation needs of the applicant and any other person; (e) the hardship that may be caused to the applicant as a result of making the order; (f) the income, assets and financial obligations of the respondent, the applicant and any other person affected by the order; (g) the need to preserve and protect the institution of marriage and other relationships whilst affording protection and assistance to the family as a unit; and LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 13 (h) any other matter, that in the circumstances of the case, the Court considers relevant.

Seizure of firearm and dangerous weapons.

9.
(1) The Court may make an order directing a police officer to seize any firearm or dangerous weapon in the possession of the respondent, if the affidavit made pursuant to section 5(3) contains information to the effect that— (a) the respondent has threatened or expressed the intention to kill or injure any person in a domestic relationship, including himself or herself whether or not by means of the firearm or dangerous weapon; or (b) possession of the firearm or dangerous weapon is not in the best interests of the respondent or any other person as a result of the respondent’s— (i) state of mind or mental condition; (ii) inclination to violence, whether a firearm or a dangerous weapon was used in the violence or not; or (iii) the use of or dependence on intoxicating liquor or drugs.
(2) The Court shall direct the Registrar to refer a copy of the affidavit made pursuant to section 5(3) to the Commissioner of Police for consideration in relation to the Firearms Act, if the Court had ordered the seizure of any firearm pursuant to this Act.

Service of notice of proceedings.

10.


(1) Upon an application for a protection order pursuant to section 5(1) and the granting of an interim protection order by the Court, a copy of the application and the interim protection order, together with the notice of the date on which, and the time at which the respondent is to appear before the Court to show cause as to why the interim protection order shall not be confirmed, shall be served on the respondent.
(2) A notice of the proceedings pursuant to subsection (1) shall be issued in the form set out as Form III in the Second Schedule.
(3) Where an application is filed in respect of a child or dependant, a copy of the application, together with notice of the date on which, and the time and place at which, the application is to be heard, shall as soon as practicable be served on the parent or guardian of the child or dependant or other person with whom the child or dependant ordinarily resides or resides with on a regular basis.
(4) A notice of proceedings which is issued and served under this section shall be deemed to be a summons that is duly issued and served pursuant to the Rules of the Court made under section 43 and shall compel the respondent to appear in Court to answer to the application.

(5) A notice of proceedings issued under this Act may be served on the respondent or his or her agent and the Court shall receive proof of service by affidavit in the form set out as Form IV in the Second Schedule.
(6) Where the hearing of an application is adjourned because the application and notice of the proceedings have not been served on the respondent, the time and place fixed by the Court for the adjourned hearing, shall be the date, time and place stated in the new notice of proceedings.

14 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Service other than personal service.

11.
11.

(1) Where the Court has not served notice of proceedings pursuant to section 10 or the interim protection order on the respondent personally, it may make an order for substituted service of the notice of the proceedings or interim protection order, as the case may be.
(2) For the purpose of subsection (1) “substituted service” means service— (a) by registered post to the last known address of the respondent; (b) by leaving the document at the last known address of the respondent or his or her closest relative; (c) at the workplace of the respondent; (d) by advertisement in a newspaper of general circulation, which service is deemed to have been effected at midnight on the date of the later advertisement, the cost to be borne by the applicant; or (e) provided in such other manner as the Court may direct.
Filing of affidavits.

(1) The respondent shall, before the return date, file with the Registrar 12. supporting affidavits showing cause as to why the interim protection order must not be confirmed.

(2) A copy of the affidavits of the respondent shall forthwith be served on the applicant.
(3) The applicant, upon receipt of the affidavits may, before the return date, file a replying affidavit together with any supporting affidavits with the Registrar in which shall be stated the reasons why the interim protection order must be confirmed.

(4) A copy of the replying affidavit of the applicant shall forthwith be served on the respondent.
(5) On the return date, the Registrar shall submit to the Court the— (a) application for the protection order; (b) the interim protection order granted; (c) any supporting affidavits made by the respondent; and (d) any replying affidavits made by the applicant.

Power to issue final protection order.

13.
(1) Where notice of the proceedings has been served on the respondent in accordance with section 10 or 11 and the respondent fails to appear in person at the time fixed for the hearing, the Court may— (a) proceed to hear and determine the matter in the absence of the respondent and issue a final protection order in the form set out as Form V in the Second Schedule; or (b) if the Court is satisfied, having regard to the materials 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.
(2) If the applicant or the person on whose behalf the application is made does not appear either in person or is not represented by an attorney-at-law, on the return LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 15 date as stated pursuant to section 6 (4) and (5) and the respondent appears in Court, the Court may— (a) dismiss the application; (b) having received a reasonable excuse for the non-appearance of the applicant or other person, adjourn the hearing on such terms as it considers just; or (c) where it is satisfied, having regard to the submissions before it, that it is appropriate for evidence to be given by affidavit pursuant to this section, it may so direct, but the Court shall, on the application of any other party, order the attendance for cross examination of the person making such affidavit.
(3) If the respondent appears on the return date in order to show cause as to why the interim protection order should not be issued or confirmed and the applicant or the person on whose behalf the application is made also appear the Court must proceed— (a) to hear the matter and consider any evidence previously received under section 5(6) and (7); and (b) to consider such further affidavits or oral evidence as it may direct, which shall form part of the record of the proceedings.
(4) At the hearing of the matter, the Court may— (a) decide the matter on the papers in the absence of either or both of the parties; or (b) refer the matter for oral evidence.

(5) At the conclusion of the hearing pursuant to subsection (4)(a) or (b), the Court— (a) may confirm, amend, or set aside the interim protection order; and (b) shall issue a final protection order in the form set out as Form V in the Second Schedule.
(6) The Registrar shall forthwith notify the parties of the result and shall— (a) serve the original final protection order referred to in subsection (5)(b) on the respondent; (b) serve a certified copy of the final protection order referred to in subsection (5)(b) on the applicant.

(7) A final protection order shall be for such period as the Court considers necessary but shall not exceed three years.
(8) Where a final protection order contains any prohibitions or directions, the Court may specify different periods, none of which shall exceed three years, as the period for which each prohibition or direction shall remain in force.

Explanation of orders.

14.

Where the Court proposes to make an interim protection order or a final protection order and the respondent is before the Court, the Court shall explain to the respondent— (a) the purpose, terms and effect of the order; 16 CAP.
12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 (b) the consequences of failing to comply with the order; and (c) the means by which the order may be varied or revoked.

Respondent to have notice of final protection order.

15.
15.

A respondent shall not be bound by a final protection order issued pursuant to section 13— (a) if he or she was not present at the time of the making of the order; or (b) if the order has not been served on him or her personally or in accordance with section 11.

Variation and revocation of orders.

16.


(1) Where an order is in force, a party to the proceedings in respect of whom the order was made may make an application to the Court in the form set out as Form VI in the Second Schedule, for an order to vary or revoke the order that is in force.

(2) On an application made pursuant to subsection (1), the Court may by order, vary or revoke the order.
(3) A copy of an application made under this section must be served on each person who was a party to the proceedings in respect of which the original order was made.

(4) In determining whether to vary or revoke an order and issue an order in the form set out as Form VII in the Second Schedule, the Court shall have regard to the matters specified in section 8.

Service of protection order.

17.
Where an interim protection order or a final protection order is made or varied by the Court— (a) the Registrar shall arrange for the order to be drawn up in the form set out as Form VII in the Second Schedule and filed with the Court; and (b) the Court shall serve a copy of the order on— (i) the respondent; (ii) any other person to whom the order is to apply whether or not the person is a party to the proceedings; and (iii) the police officer in charge of the police station located nearest to the area where the respondent or the applicant resides.
Breach of protection order.

(1) A person against whom an order has been made or to whom a direction has 18. been issued by the Court, commits an offence if that person— (a) has notice of the order or direction; and (b) contravenes any provision of the order or fails to comply with the direction.
(2) A person who commits an offence under subsection (1) is liable— (a) on a first summary conviction to a fine not exceeding five thousand dollars or to a term of imprisonment not exceeding three months; LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 17 (b) on a second summary conviction, to a fine not exceeding ten thousand dollars or to a term of imprisonment not exceeding one year or both; (c) on any subsequent summary conviction, to a period of imprisonment not exceeding five years.
(3) Where an order contains a direction of the Court pursuant to section 7 that the respondent seek counselling or therapy and it is brought to the attention of the Court that the respondent has refused or neglected to comply with such a direction and the Court finds that such refusal or neglect was unreasonable, the respondent commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars.

Application for an occupation order.


(1) An application for an occupation order may be made to the Court where a 19. prescribed person is granted a protection order under this Act.

(2) For the purposes of subsection (1) of this section an application for an occupation order may be made by any of the persons that share the same household residence.

Grant of occupation order.

20.


(1) Upon receipt of the application referred to in subsection (1) of section 19 of this Act, the Court may make an occupation order granting the applicant the right to live in the household residence of the respondent if it is necessary for the protection or is in the best interest of the applicant.

(2) An occupation order may be granted for such period, and on such terms and conditions as the Court thinks fit.
(3) Before granting an occupation order under subsection (1) of this section, the Court shall direct that notice be given to any person who has an interest in the property that is to be affected by the occupation order.

(4) The person referred to in subsection (3) of this section shall, after the notice has been served on him or her, be heard in the matter of the application for the occupation order as a party to that application.

Effect of occupation order.

21.


(1) The person to whom the occupation order relates shall be entitled, to the exclusion of the respondent, personally to occupy the household residence to which the occupation order relates.

(2) Where the household residence in respect of which the occupation order is made is being rented by the respondent then the Court shall order the respondent to continue paying the rent for the duration the occupation order remains in force.
(3) On or after making an occupation order the Court may make an order granting to the applicant the use, for a specified period, and subject to any terms and conditions as the Court thinks fit, all or any of the following: (a) furniture; (b) household appliances; (c) household effects, in the household residence or other premises to which the occupation order relates.

18 CAP.
18 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Grant of occupation order on an ex parte application.

(1) The Court may, upon an ex parte application, grant an occupation order if 22. it is satisfied that— (a) the respondent has used violence against, or caused physical, or mental injury to the applicant; and (b) the delay that would be caused by proceeding on notice could or might expose the applicant to physical injury.
(2) An occupation order granted under subsection (1) of this section shall be of an interim nature, and the respondent may at any time apply to the Court to vary or discharge the order.

(3) An occupation order made on an ex parte application while the applicant and the respondent are living together in the same household residence shall expire on the discharge of the order by the Court or at the expiration of a period of seven days from the date on which the occupation order is made.
Application for tenancy order.

(1) An application for a tenancy order may be made to the Court where a 23. prescribed person is granted a protection order under this Act.

(2) An application for a tenancy order made under this section may be made by any of the persons specified in subsection (2) of section 19 of this Act.

Grant of tenancy orders.

24.


(1) Upon receipt of the application referred to in subsection (1) of section 23 of this Act, the Court may grant a tenancy order vesting in the applicant the tenancy of any dwelling house which, at the time of granting the order— (a) the respondent is either the sole tenant, or a tenant holding jointly, or a tenant holding in common with the applicant; and (b) is the household residence of the applicant or the respondent.
(2) Subject to subsections (3) and (4) of this section the Court may grant a tenancy order if it is satisfied that the order is necessary for the protection or is in the best interest of the applicant.

(3) Before granting a tenancy order under subsection (1) of this section, the Court shall direct that notice be given to any person who has an interest in the property that is to be affected by the tenancy order.
(4) The person referred to in subsection (3) of this section shall, after the notice has been served on him or her, be entitled to appear and be heard in the matter of the application for the tenancy order as a party to that application.

Effect of tenancy order.

25.


(1) Upon the grant of a tenancy order, the applicant shall, unless the tenancy is sooner determined, become the tenant of the household residence subject to the terms and conditions of the tenancy in force at the time of the making of the order, and the respondent shall cease to be the tenant.

(2) A tenancy order shall have effect and shall be enforced as if it were an order of the Court for possession of the land granted in favour of the applicant.
(3) Nothing in this Act or in a tenancy order shall— LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 19 (a) limit or affect the operation of any enactment or rule of law for the time being applicable to a tenancy to which a tenancy order applies, or to the household residence held under the tenancy; or (b) authorise the Court to vary, except by vesting the tenancy pursuant to this section, or revesting the tenancy pursuant to section 27 of this Act, any express, or implied term, or condition of the tenancy.

Grant of tenancy orders on an ex parte application.
(1) The Court may, upon an ex parte application, grant a tenancy order if it is 26. satisfied that— (a) the respondent has used violence against, or caused physical or mental injury to the applicant; and (b) the delay that would be caused by proceeding on notice could or might expose the applicant to physical injury.

(2) A tenancy order granted under subsection (1) of this section shall be of an interim nature, and the respondent may at any time apply to the Court to vary or discharge the order.
(3) A tenancy order which is made on an ex parte application while the applicant and the respondent are living together in the same household residence shall expire on the discharge of the order by the Court or at the expiration of a period of seven days from the date on which the order is made.

Revesting order.

27.


(1) The Court may, upon the application— (a) of the applicant or the respondent; or (b) of the personal representative of the applicant or the respondent, make a revesting order revesting the tenancy in the respondent.

(2) Upon the making of a revesting order, the respondent shall, unless the tenancy is sooner determined, become the tenant of the household residence subject to the terms and conditions of that tenancy.

Rehabilitation orders.

28.


(1) Where a person is convicted of an offence under this Act, the Court may, instead of imposing a sentence, make a rehabilitation order programme or rehabilitation programme.
(2) A rehabilitation order shall only be made under the following circumstances— (a) where the person is a first-time offender under this Act and has no previous convictions for such offences; (b) where the convicted person has not previously breached any order made under this Act; or (c) where a suitable programme of education and training is available for such persons.

20 CAP.
20 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 (3) The Court shall, before making a rehabilitation order under this section, have regard to any submission and representations by the prosecution and the defence.

(4) A rehabilitation order may be made subject to such conditions as the Court may think fit to impose.
(5) Where the person in respect of whom a rehabilitation order is made fails to comply with the conditions attached to the order, the Court may, after holding an inquiry, terminate the rehabilitation order and pass sentence in accordance with the provisions of this Act.

PART III POLICE POWERS OF ENTRY AND ARREST Duties of police officers.

29.
29.

(1) A police officer shall respond to every complaint or report alleging domestic violence whether or not the person making the complaint or the report is the victim.

(2) A police officer responding to a domestic violence complaint shall complete a domestic violence report which shall form part of a Domestic Violence Register to be maintained by the Commissioner of Police in the prescribed manner.
(3) A domestic violence report must be in the form set out as Form VIII in the Second Schedule and must include but not be limited to— (a) the name of the parties; (b) the relationship and sex of the parties; (c) information relating to the history of domestic violence between the parties; (d) the date and time the complaint was received; (e) the type of the abuse and the weapon used, if any.

Issue of warrant.

30.
Where a judicial officer is satisfied, by information on oath, that— (a) there are reasonable grounds to suspect that a person on a premises has suffered or is in imminent danger of physical injury at the hands of another person in a situation amounting to domestic violence and needs assistance to deal with or prevent the injury; and (b) a police officer has been refused permission to enter the premises for the purpose of giving assistance to the first-mentioned person in paragraph (a), the judicial officer may issue a warrant in writing authorising a police officer to enter the premises specified in the warrant at any time within twenty-four hours after the issue of the warrant and subject to any conditions specified in the warrant, to take such action as is necessary to prevent the commission or repetition of the offence or a breach of the peace or to protect life or property.
LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.

12.04 21 Police powers of arrest without warrant.

31.

(1) A police officer may act in accordance with the provisions of the Police Act, Cap.

19.07 where he or she has reasonable cause to believe that a person is engaging in or attempting to engage in conduct which amounts to physical violence and failure to act immediately may result in serious physical injury or death.
(2) This section does not authorise the entry onto premises by a police officer, for the purpose of any search or the arrest of any person, otherwise than in connection with the conduct referred to in subsection (1).
(3) Where a police officer exercises a power of entry pursuant to subsection (1), he or she shall immediately submit a written report to the Commissioner of Police, through the head of his or her division where the incident occurred, and the report shall contain— (a) the reasons for entering the premises without a warrant; (b) the offence being committed or about to be committed; and (c) the manner in which the investigation was conducted and the measures taken to ensure the protection and safety of the person at risk.
(4) The report referred to in subsection (3) must be submitted to the Director of Public Prosecutions by the Commissioner of Police within seven days of its receipt by the Commissioner of Police.
(5) Where a complaint is made against a police officer by a person resident in a premises alleging that the entry of the police officer onto the premises pursuant to subsection (1) was unwarranted, the Commissioner of Police shall investigate the complaint and submit a copy of its report to the Commissioner of Police and the Director of Public Prosecutions within fourteen days of the complaint having been made.
(6) Where the investigation of the Commissioner of Police finds that entry made pursuant to subsection (1) was unwarranted, the Commissioner of Police shall also make and keep a report and such report may form the basis of disciplinary action against the police officer.

Duty of police officer to assist victims.

32.


Where a police officer has entered on to premises pursuant to sections 4, 30 and 31(1), the police officer shall— (a) assist a person who has suffered injury; (b) ensure the welfare and safety of a child or dependant who may be on the premises; and (c) prevent any further breach of the law.

Warrant of arrest and procedure upon arrest of respondent where Court issues interim protection order.
(1) In granting an interim protection order pursuant to section 6, the Court 33. may— (a) issue a warrant for the arrest of the respondent, in the form set out as Form IX in the Second Schedule; or 22 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 (b) suspend the execution of such a warrant, subject to compliance with any prohibition, condition, obligation or order imposed under section 7.
(2) The warrant referred to in subsection (1) shall remain in force until the interim protection order is set aside.
(3) A police officer shall— (a) execute a warrant of arrest upon its production and receipt of an affidavit in the form set out as Form X in the Second Schedule wherein it is stated that the respondent has breached any prohibition, condition or obligation or order imposed pursuant to section 7; or (b) arrest the respondent upon receipt of an affidavit by the applicant in the form set out as Form X in the Second Schedule wherein it is stated that— (i) an interim protection order has been issued pursuant to section 6 or that a final protection order has been issued pursuant to section 13; (ii) a warrant of arrest for the respondent has been issued; (iii) the warrant of arrest has been lost or destroyed; and (iv) the respondent has breached any prohibition, condition, obligation or order imposed pursuant to section 7.
(4) The Court shall issue the applicant with a second or further warrant of arrest upon the applicant filing an affidavit in which it is stated that— (a) the respondent has not been arrested; or (b) the warrant of arrest issued has been lost or destroyed.
(5) Subject to this Act, the provisions of any other Act relating to— (a) the form and manner of execution of warrants of arrest; (b) the arrest; (c) the detention, search, release from custody; and (d) the criminal prosecution of the respondent, shall apply with the necessary changes applicable in respect of warrants of arrest issued pursuant to subsection (1).
(6) A respondent arrested pursuant to subsection (3) shall— (a) not be released, unless— (i) a Court orders the release; and (ii) the respondent, having been given a reasonable opportunity to do so, adduces evidence which satisfies the Court that the interests of justice permit his or her release from detention in custody; (b) be brought before the Court as soon as reasonably possible, but not later than— (i) forty-eight hours after arrest; or LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 23 (ii) at the end of the first Court date, after the expiry of the forty-eight hours, if the forty-eight hours expire outside the ordinary Court hours or on a day which is not an ordinary Court day; and (c) be criminally charged with— (i) an offence referred to in section 47; and (ii) any other offence resulting from a complaint lodged by the applicant against the respondent.

Powers of arrest where a final protection order is in force.

34.
34.

Where a final protection order is in force and a police officer believes on reasonable grounds that the respondent has committed or is committing a breach of the final protection order, he or she may arrest and detain the respondent without a warrant.

Existing criminal law to apply.

35.


(1) Subject to subsection (2), where a person is arrested pursuant to section 30 or 31, the person shall be charged in accordance with the relevant provisions of the criminal law for committing or attempting to commit any of the offences and shall be dealt with accordingly.
(2) Where upon hearing the evidence pursuant to section 13 for the granting of a final protection order, the Court is satisfied that— (a) the incident was an isolated one; (b) there are circumstances which make it desirable to preserve the family unit; and (c) the conduct complained of is not sufficiently grave to warrant the imposition of the order or the penalty, as the case may be, the Court may, with the consent of the applicant, withhold the granting of a final protection order or the imposition of any penalty as prescribed by law and require the respondent to enter into a bond of good behaviour for a period not exceeding six months.
(3) Where a bond of good behaviour has been entered into pursuant to subsection (2), the Court may prescribe such additional conditions as follows— (a) that the parties receive professional counselling, including family counselling; (b) that the parties report to a probation officer at certain fixed intervals; or (c) that the matter be reviewed by the Court within three months.
(4) A bond of good behaviour entered into pursuant to subsection (2) shall be forfeited if the Court is satisfied that— (a) the respondent has continued to engage in conduct amounting to domestic violence against the applicant; (b) based on a report from a probation officer, the Director, an approved social worker or a police officer, domestic violence is likely to be perpetrated against the applicant; or 24 CAP.
12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 (c) the applicant has become fearful of the respondent to the extent that he or she is no longer willing to continue the domestic relationship.

PART IV MISCELLANEOUS Conduct of proceedings.


(1) The following persons may be present during the hearing of any 36. proceedings pursuant to this Act— (a) an officer of the Court; (b) parties to the proceedings and their attorneys-at-law; (c) witnesses; or (d) any other person permitted by the judicial officer to be present.

(2) A witness shall leave the Court room if asked to do so by the judicial officer.
(3) This section shall not limit any other power of the Court to hear proceedings in camera or to exclude any person from the Court.

(4) Where an application is made on behalf of a child, the parent or guardian of that child or the person with whom the child ordinarily resides with on a regular basis shall be entitled to be a party to the proceedings.
(5) This section shall not prevent a child, on whose behalf an application for an order is made, from being heard in the proceedings and where the child expresses his or her views, the Court shall take account of those views having regard to the age and maturity of the child and the ability of the child to express his or her views.

Evidence.

In any proceedings pursuant to this Act, other than criminal proceedings, the 37.
Court may receive such evidence as it thinks fit whether it is otherwise admissible in a Court of law.

Standard of proof.

Every question of fact arising in any proceedings pursuant to this Act, other 38. than criminal proceedings shall be decided on a balance of probabilities.

Restriction of publication of reports.

39.

(1) Subject to subsections (3) and (4), a person shall not publish any report of proceedings pursuant to this Act, other than criminal proceedings, except with the leave of the Court.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding fifty thousand dollars or to a term of imprisonment not exceeding six months.

(3) This section does not limit— LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 25 (a) the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to judicial proceedings; or (b) the power of the Court to punish any contempt of Court.
(4) This section shall not apply to the publication of any report in any publication that— (a) is of a bona fide professional or technical nature; or (b) is intended for circulation among members of the legal or medical service, police officers, profession, officers of psychologists, marriage counsellors or social workers.

the public Orders by consent.

In any proceedings pursuant to this Act, the Court may make any order with 40. the consent of all the parties to the proceedings.

Appeals.

41.
Appeals.

41.

(1) A person aggrieved by— (a) an order of the Court; or (b) the refusal of the Court to make an order, may, within twenty-eight days after the decision of the Court, appeal to the Court of Appeal.
(2) Except where the Court which makes an order pursuant to the provisions of this Act otherwise directs, the operation of such an order shall not be suspended by virtue of an appeal made pursuant to this section, and every order may be enforced in the same manner and in all respects as if an appeal under this section is not pending.

Protection of mortgage.


(1) The rights conferred on any person in respect of any property by an order 42. made under this Act shall be subject to the rights of any person entitled to the benefit of any mortgage, security, charge or encumbrance affecting the property if— (a) the mortgage, security, charge or encumbrance was registered before the order was registered; or (b) the rights of that other person entitled to that benefit arise under an instrument executed before the date of the making of the order.
(2) Money payable under any mortgage, security, charge or encumbrance shall not be called up or become due by reason of the making of the order under this Act.

Rules of the Court.

43.

The Chief Justice may make Rules of the Court— (a) to regulate the practice and procedure of the Court with respect to proceedings under this Act; and (b) to provide for such matters as are necessary for giving full effect to this Act and for its due administration.

26 CAP.
26 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Property rights.

This Act shall not be construed as altering the rights of a spouse in respect of 44. ownership of any real, personal, movable or immovable property.

Obligation to report ill-treatment of a child.

45.
45.

(1) A dentist, medical practitioner, nurse, psychologist, social worker, or a teacher who examines, attends to or deals with any child in circumstances giving rise to reasonable suspicion that the child has been subject to any act of domestic violence as a result of which the child suffers from injury, whether single or multiple, shall immediately notify a police officer of the said circumstances.
(2) A person referred to in subsection (1) shall not be liable in respect of any notification given in good faith in accordance with this section.

Bail.
(1) Subject to the provisions of the Bail Act, where the Court is required to 46. determine whether to grant bail in respect of an offence committed under this Act, the Court shall consider— (a) the need to protect the applicant from domestic violence; (b) the welfare of a child or dependant where the respondent or the applicant has custody of that child or dependant; (c) the welfare of any child or dependant being a member of the household; and (d) any hardship that may be caused to the respondent or other members of the family if bail is not granted.
(2) The Court in granting bail, may order that the recognisance be subject to any one or more of the following conditions, as the Court considers appropriate— (a) that the respondent not harass or molest or cause another person to harass or molest the applicant; (b) that the respondent not be present on the premises in which the applicant works or resides; and (c) that the respondent not be in a locality in which is situated the premises in which the applicant works or resides.
(3) Where a police officer believes on reasonable grounds that a person, who has been admitted to bail subject to one or more conditions, has failed to comply with a condition of the recognisance, the police officer may arrest the person without a warrant.

Offences.

47.
Offences.

47.

A person who contravenes any prohibition, condition or obligation or order imposed under this Act and for which a penalty is not stipulated commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or to a term of imprisonment not exceeding five years or to both such fine and imprisonment.

Regulations.

48.

The Minister may make Regulations to give effect to this Act.
LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Repeal and savings.

Domestic Violence Act CAP.

12.04 27 (1) The Domestic Violence Act, 3 of 2000 as amended by Act 10 of 2005, is 49. hereby repealed.

(2) Any application made, proceedings instituted or order made under the former Domestic Violence legislation shall be deemed to have been made or instituted pursuant to this Act.

___________ 28 CAP.
___________ 28 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 FIRST SCHEDULE (Section 3) INFORMATION TO VICTIM AND APPLICANT REGARDING HIS OR HER RIGHTS 1.

You have the right to request the assistance of a member of the Police Force in order to protect yourself and your children, and the member is obliged to provide you with information on how to obtain a protection order.

2.
2.

You may also request police assistance in locating and taking you and your children to a place of safety, including a shelter, the home of a family member or friend, or any other place of safety.

3.

If you or your children are in need of medical treatment, you have the right to request a member of the Police Force to assist you in obtaining such medical treatment.

4.

A protection order can be obtained from the Court at any time of the day or night and will be served on your abuser free of charge.
5.

You may request that your address not be disclosed to your abuser.

6.

The abuser can be ordered to pay emergency monetary relief and any or all contact with you or your children may be prohibited.

7.

You may also request the Court to convict your abuser or prohibit the abuser from preventing you to enter the shared household.

This order is of a temporary nature, and if you wish it to be confirmed, you will be required to appear in Court at a later date.

8.
8.

If you and your children require any counselling or support, you should contact the Ministry responsible for Social Services who can offer services to you and your children.

9.

You also have the right to lodge a criminal complaint against the abuser if a criminal offence has been committed against yourself and your children.

You may do this now, or within a reasonable time.

10.
10.

Should you obtain a Protection Order, or lodge a criminal complaint, in which false facts are knowingly alleged, you may be convicted of an offence.

If you do not understand any of the above information, you may request more detail from myself or another member of the Police Force that you may be more comfortable with.
Dated this ....................................day of .......................... 20 ........... ....................................................................... Name of Police Officer _________ LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.

12.04 29 SECOND SCHEDULE FORMS FORM I (Section 5) APPLICATION FOR PROTECTION ORDER 1.

(a) I ............................................................ (full names) with Id.
No./Date of Birth .......................................................... with the following particulars: Residential Address .................................................................................. .................................................................................................................. ......................................... (Tel.

No.)

........................................................
Occupation ................................................................................................

Nature of domestic relationship with the respondent ............................... (Hereinafter referred to as the APPLICANT); or (b) I ........................................... (full names) with Id.
No./Date of Birth .......................................................... with the following particulars: Residential Address .................................................................................. .................................................................................................................. ......................................... (Tel.
No) ......................................................... Business Address ...................................................................................... .................................................................................................................. ......................................... (Tel.
No) ......................................................... On behalf of: .......................................................................... (Full names) (Hereinafter referred to as the APPLICANT) With Id.
No./Date of Birth .......................... with the following particulars Residential Address .................................................................................. .................................................................................................................. ......................................... (Tel.

No) ......................................................... Business Address ....................................................................................
Occupation ..............................................................................................

Nature of domestic relationship with the respondent.

............................ On whose behalf the application is brought due to ................................ ................................................................. (state relationship or concern) and whose consent has been obtained (except if the applicant is a child or dependant; 30 CAP.
12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 2.

HEREBY APPLY FOR A PROTECTION ORDER AGAINST: ........................................................................................................ (Full Names) With Id.
No./Date of Birth ................................... with the following particulars Residential Address ........................................................................................... ....................................................................................................................... ....................................................................................................................... .............................................. (Tel.
No) ......................................................... Business Address .................................................................................................

Occupation ........................................................................................................... (Hereinafter referred to as the RESPONDENT).

3.
3.

The following children (if any) have been born from the domestic relationship: ............................................................................................................................. ............................................................................................................................. 4.
Since the respondent at or near .............................................................. and on or about the ........................ day of .................................... 20 .......... committed the following act(s): 5.
I request that the respondent be ordered (a) Not to commit any act of domestic violence; (b) Not to enlist the help of another person to commit any act of domestic violence; (c) Not to enter the shared household; (d) Not to enter the applicant's residence; (e) Not to enter the applicant's place of employment; (f) Not to prevent the applicant or any child or dependant who normally resides or resides in the shared household from entering or remaining in the shared household or part thereof; or (g) Not to enter the applicant’s place of employment; (h) Not to commit any other act; As requested and/ or specified in the affidavit(s).
I further request the Court to order that: (a) A member of the Police Force is to accompany the applicant to the residence specified in the application to supervise the collection of the Applicant's personal property; (b) A member of the Police Force is to seize the firearm or dangerous weapon as specified in the affidavit; LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 31 (c) The respondent is to pay the rent or mortgage payments specified in the affidavit; (d) The respondent is to pay emergency monetary relief as specified in the affidavit; (e) The respondent is to pay the educational expenses as specified in the affidavit; (f) the respondent is refused any contact with the child or children as specified in the affidavit; (g) The respondent is granted structured contact with the child or children as specified in the affidavit; or (h) the address of the applicant’s residence shall not be disclosed to the respondent.
7.

I am likely to report a breach of the Protection Order at the ...................... Police Station.

8.
8.

Additional conditions requested as per affidavit: ................................................ ............................................................................................................................. ............................................................................................................................. ........................................................................ DEPONENT DATE 9.
I certify that before administering the oath/taking the affirmation I asked the Deponent the following questions and noted his or her answers as indicated below— (a) Do you know and understand the contents of the above declaration?

Answer ....................................................................................................... (b) Do you have any objection to taking the prescribed oath/affirmation?
Answer .......................................................................................................

I certify that the Deponent has acknowledged that he or she knows and understands the contents of this declaration which was sworn to/affirmed before me, and that the Deponent’s signature/ thumbprint/ mark was placed thereon in my presence.
Dated at .............................. this ......................... day of ........................ 20 ....... ..................................................

Judicial Officer __________ 32 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 FORM II (Section 6(1)) INTERIM PROTECTION ORDER IN THE FAMILY COURT ........................................................................................... HELD AT ..........................................
APPLICATION NO.

.........................................

In the matter between: APPLICANT .............................................................................................................. (Id.

No/Date of Birth) .................................................................................. AND RESPONDENT (Id.

No/Date of Birth) .................................................................... 1.
Respondent’s particulars ......................................................................................

Residential Address ............................................................................................. ...................................................... (Tel.
No) ........................................................ Business Address ................................................................................................. ............................................................................................................................. ............................................................................................................................. .................................................. (Tel.

No.)
No.)

..........................................................

Occupation ........................................................................................................... 2.

Whereas the Applicant (or on behalf of the applicant), has applied for a protection order against the respondent, as per the affidavit(s) and record of oral evidence (if any) attached, and after consideration of the application; 3.
The Court orders that the application for a protection order be: 3.1 3.2 Dismissed; or Granted: and the respondent is ordered: 3.2.1 Not to commit the following act(s) of domestic violence ..................... ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. 3.2.2 Not to enlist the assistance of any other person to commit the acts of domestic violence specified in paragraph 3.2.1; 3.2.3 Not to enter the shared household at ..................................................... ............................................................................................................... 3.2.4 Not to enter the following parts of the shared household ...................... ............................................................................................................... LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 33 ............................................ at ............................................................. ............................................................................................................... 3.2.5 Not to enter the Applicant’s residence at............................................... ............................................................................................................... 3.2.6 Not to enter the applicant’s place of employment at ............................. ............................................................................................................... 3.2.7 Not to prevent the applicant or any child or dependant who normally resides or resides in the shared household at ......................................... ............................................................................................................... from entering or remaining in the shared household, or any part thereof; 3.2.8 Not to commit any other act, to wit ....................................................... ............................................................................................................... ............................................................................................................... 3.2.9 To make rent or mortgage payments in the sum of .............. per month; 3.2.10 To pay the sum of .................. to the applicant as educational expenses.
4.
It is further ordered that: 4.1 4.2 4.3 4.4 4.5 4.6 4.7 A member of the police force accompanies the applicant to the following residence in order to supervise the collection of personal property; ie............................................................................................. ............................................................................................................... A member of the police force at .......................... seizes the following firearm or dangerous weapon in the possession of the respondent ie ............................................................................................................
The applicant’s address is not to be disclosed to the respondent; The respondent is refused any contact with the following children ...............................................................................................................

The respondent is allowed contact with the following children.

ie.
...... ............................................................................................................... on the following basis: ........................................................................... ............................................................................................................... A warrant is authorised for the arrest of the respondent, the execution of which is suspended subject to the respondent’s compliance with the provisions of the protection order as stated above; and A copy of this order and the warrant of arrest be forwarded to the police station at ...................................................................................... once this interim protection order has been served on the respondent.
5.

The respondent is furthermore hereby informed of his or her right to appear in the Family Court at................................................................. on the ................... day of ................................. 20 ........... at ............................................................... in order to show cause as to why the interim protection order should not be confirmed and made final.

.................................................


Judicial Officer ........................................

Date _________ 34 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 FORM III (Section 10) NOTICE OF PROCEEDINGS In the State of In the District of ............................................................................

BETWEEN ....................................................
APPLICANT AND ................................................. RESPONDENT TO THE RESPONDENT An application pursuant to section 5 of the Domestic Violence Act, 2014 for a protection order has been made by ...................................................................... (name of applicant) A copy of the application is attached.
The application has been set down for hearing on the .............................. day of ...............................................20...................... , at .................................... A.M/P.M at .................................................

IF YOU DO NOT APPEAR IN PERSON AT THE HEARING OF THE APPLICATION, THE COURT MAY: (a) deal with the application in your absence; or (b) issue a warrant for your arrest to be brought before the Court.
Dated this .......................... day of ........................ 20 ....... __________ ................................... Registrar of the Court LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 35 FORM IV (Section 10(5)) AFFIDAVIT FOR USE IN PROVING SERVICE OF PROCESS In the State of No ...................................................... Return of service of process in respect of domestic violence offence(s) for the Family Court Name of applicant ............................................................... Name of respondent ............................................................

Document served ................................................................
Date of service .................................................................... Place of service ................................................................... Mode of service ...................................................................

I do swear that the above Return of Service is true and in accordance with the facts of such service.
......................................... (Deponent) Sworn by me ..................... the above-named Deponent This ............................. day of ...........................20...... ......................................... Registrar of the Court ___________ 36 CAP.
12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 FORM V (Section 13(1), 13(5)) FINAL PROTECTION ORDER IN THE FAMILY COURT OF ..................................................................................... HELD AT .............................................

APPLICATION NO.

...................

In the matter between: APPLICANT: .............................................................................................................. (ld.
No/Date of Birth ............................................................ AND RESPONDENT: .......................................................................................................... (ld.

No/Date of Birth ............................................................

Whereas the applicant has applied for a protection order; and After considering the facts of the matter; The Court orders that the interim protection order be: 1.

Confirmed; 2.
Amended as follows: ................................................................................................ ...................................................................................................................................... ...................................................................................................................................... ...................................................................................................................................... ...................................................................................................................................... 3.
Set aside Dated at ............................ this ............. day of ................. 20 .................... ..............................................

Judicial Officer .....................................

Date __________ LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.

12.04 37 FORM VI (Section 16(1)) APPLICATION FOR VARIATION OR REVOCATION OF INTERIM/FINAL PROTECTION ORDER In the Island of ...........................................................
In the District of .........................................................

BETWEEN ..............................................
APPLICANT AND .............................................. RESPONDENT I ........................................ hereby apply for a variation/revocation of (Name of Applicant) the order made against ............................................................. on the (Name of Respondent) .........................day of ................................ , 20 ............. by the Court (a copy of which is attached to the said application) in respect of certain conduct or threatened conduct towards ....................................................................................................................................... (Name of person who is protected by the order) I ask for a revocation/ variation of the order in the following terms: SPECIFY DETAILS OF VARIATION .....................................
Applicant Dated this ....................... day of ............................ 20 ......... __________ 38 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 FORM VII (Section 16(4)) ORDER VARYING INTERIM/FINAL PROTECTION ORDER In the State of ................................................

In the District of ..............................................
The Court, having heard an application made pursuant to section 16 of the Act by ............................................................ (name of the applicant) in respect of conduct or threatened conduct of .......................................................... (name of respondent) and the Court having on the ............day of .................. , made an order, a copy of which is herewith attached, prohibiting the respondent from engaging in the conduct specified therein.
NOW the Court on the application of ............. does interim/final protection order be: this day Order that the 1.

REVOKED (specify effective date of revocation) 2.VARIED AS FOLLOWS: Specify details of variation ........................................... .........................................
Dated this ....................... day of ...................... 20 ......... .............................................. Registrar of Court __________ LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.

12.04 39 FORM VIII (Section 29(3)) DOMESTIC VIOLENCE POLICE REPORT Station ................ Division ............................... Reference No.
........................... Complaint made by (surname) ...................... (first name) ...........................................

Address .........................................................................................................................

Relationship of victim to alleged offender .................................................................... Mode of report ..............................................................................................................
Date ........................... Time ............................... Diary Reference ................................

Recorded by: ... (Number/Rank/Name) ........................................................................ Name of victim(surname) ....................................... (first name)..................................

Address ......................................................................................................................... Telephone No ...................
Nature of domestic relationship to alleged offender ...........

Sex...................... Age ...............Occupation ..................................................................

Address of employment ................................................................................................ Name of alleged offender ....... (surname) ............. (first name) ......................................
Address .........................................................................................................................

Sex....................... Age .............Occupation .................................................................. Telephone No ..............

Nature of domestic relationship to alleged offender ...............
Address of employment ................................................................................................ Name of Witness ....................................... Name of Witness ....................................

Address .........................................................................................................................
Relationship to alleged offender ................................................................................... BRIEF FACTS AS REPORTED ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... 40 CAP.
12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Extent of Inquiry .......................................................................................................... Medical report Form Attached (tick) Yes No Instrument used to inflict injury ...................................................................................
Whereabouts of children at time of incident ................................................................ ...................................................................................................................................... State whether previous complaints were made (tick) Yes No Date ........................ time ................ Diary Reference ...................................................
Investigator:(Number/Rank/Name) ............................................................................. Action taken ................................................................................................................. ...................................................................................................................................... Other previous complaints made Date .......................... time ................. Diary Reference ..............................................
Investigator: (Number/Rank/Name) .......................................................................... Action taken ............................................................................................................... .................................................................................................................................... Is protection order in existence?
(tick) Yes No Date of Issue ..............................................................................................................
Comments .................................................................................................................. .................................................................................................................................... ....................................................................................................................................
Duration of protection order ...................................... ACTION TAKEN WITH RESPECT TO PRESENT REPORT Date ...................................... Time ..................................... Action taken, by whom .........................................................

Arrest made: Date of arrest ................................... Mode of arrest ..................................................
Present status of report ............................................................................................... LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.
12.04 41 CHARGES PREFERRED: (1) ...................................................... (2) ...................................................... (3) ...................................................... (4) ...................................................... STATE REASONS IF NO CHARGES PREFERRED: ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... ..................................................
Investigator ........................................................... Supervising officer ..................................................

Date ........................................................... __________ (Date) 42 CAP.

12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 FORM IX (Section 33(1)) WARRANT OF ARREST IN THE FAMILY COURT OF HELD AT In the matter between: APPLICATION NO ............................
APPLICANT .............................................................................................................. (*ID.

NO./DATE OF BIRTH:) AND RESPONDENT .......................................................................................................... (*ID.
NO./DATE OF BIRTH:) TO ALL POLICE OFFICERS: Whereas *the attached Interim Protection Order/a Protection Order as attested to by the applicant in the attached affidavit, was granted against the respondent by the Court for the district of .............................. on the ...................... day of 20 ........ ; and Whereas the applicant has stated in the affidavit attached that the respondent has breached (a) condition(s) of the Protection Order; Therefore you are hereby authorised and ordered to forthwith arrest the respondent in terms of the Domestic Violence Act, 2014.
GIVEN UNDER MY HAND AT THIS ............... DAY OF ......................... 20 ........ ...........................................

JUDICIAL OFFICER .........................................

DATE *Delete whichever is not applicable __________ LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 Domestic Violence Act CAP.

12.04 43 FORM X (Section 33(3)) BREACH OF PROTECTION ORDER IN THE COURT OF HELD AT In the matter between: APPLICATION NO .....................
APPLICANT ............................................................................... (*Id.

No./Date of Birth:) AND RESPONDENT .......................................................................... (*Id.

No./Date of Birth:) I ............................................................................ (Full Names) (*Id.

No./Date of Birth:) Residential Address: ......................................................................... (Tel.

No.)
No.)

........................................................................................... Business Address: ............................................................................. (Tel.

No.)

...........................................................................................
Occupation: ....................................................................................... (Hereinafter referred to as the APPLICANT) Hereby declare under oath/solemnly affirm that: A Protection Order was granted on the ......... day of ........ 20 .....in the Court at ........... Against ............................................................................ (Full Names) Residential Address: .................................................................................................... (Tel.
No.)

...................................................................................................................... Business Address: ........................................................................................................ (Tel.

No.)

......................................................................................................................
Occupation: .................................................................................................................. (Hereinafter referred to as the RESPONDENT) 2.

* A copy of the Protection Order (indicating what orders were made), and the original Warrant of Arrest is attached.
3* A copy of the Protection Order and/or the original Warrant of Arrest cannot be attached for the following reasons: ...................................................................................................................................... ...................................................................................................................................... ...................................................................................................................................... 44 CAP.
12.04 Domestic Violence Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2020 In the said Protection Order the Respondent was ordered: (a) ................................................................................................................................. (b) ................................................................................................................................. (c) ................................................................................................................................. (d) ................................................................................................................................. (e) ................................................................................................................................. (f).................................................................................................................................. (g) ................................................................................................................................. 4.
The Respondent has breached the Protection Order (which has not been set aside), in that *he/she on the ............. day of ................20.............. did ................................... ....................................... Signature of Deponent ................................

Date 5.
Date 5.

I certify that before administering the *oath/taking the affirmation I asked the Deponent the following questions and noted *his/her answers in *his/her presence as indicated below: (a) Do you know and understand the contents of the above declaration?

Answer ................................................................................ (b) Do you have any objection to taking the prescribed oath/affirmation?
Answer ................................................................................ (c) Do you consider the prescribed oath/affirmation to be binding on your conscience?

Answer ................................................................................

I certify that the Deponent has acknowledged that *he/she knows and understands the contents of this declaration which was *sworn to/affirmed before me, and that the Deponent’s *signature/thumb print/mark was placed thereon in my presence.
Dated at this ...................................... day of .......................................... ........................................

Judicial Officer _________