How to get a protection order.In June this year Parliament finally passed the Domestic Violence Act. This Act can be used for the protection of women, men and children who suffer abuse in the context of a domestic relationship. The Legal Assistance Centre has provided training to NGOs on the contents of the Act, using a role play to demonstrate how a woman (in most cases it is women who suffer abuse!) can gain a protection order to stop the violence. Sister Namibia has incorporated this training into our work with the Namibian Women's Manifesto MANIFESTO. A solemn declaration, by the constituted authorities of a nation, which contains the reasons for its public acts towards another. 2. On the declaration of war, a manifesto is usually issued in which the nation declaring the war, states the reasons Network and other outreach Outreach is an effort by an organization or group to connect its ideas or practices to the efforts of other organizations, groups, specific audiences or the general public. workshops, thereby providing this information to women in many communities. Below is a brief summary of the Act What is domestic violence? Physical Abuse -- for example battery, assault, slapping slapping, n massage technique that uses the flat palms of the hands percussively; a form of tapotement. See also tapotement. Sexual Abuse -- rape Economic abuse -- including destruction or damage to property, withholding Withholding Any tax that is taken directly out of an individual's wages or other income before he or she receives the funds. Notes: In other words, these funds are "withheld" from your wages. money from the family Intimidation -- for example: he cleans a pistol every time when you are quarreling quar·rel 1 n. 1. An angry dispute; an altercation. 2. A cause of a dispute or an argument: We have no quarrel with the findings of the committee. intr.v. Harassment Ask a Lawyer Question Country: United States of America State: Nevada I recently moved to nev.from abut have been going back to ca. every 2 to 3 weeks for med. -- including stalking--which means that he follows you wherever you go Trespass trespass, in law, any physical injury to the person or to property. In English common law the action of trespass first developed (13th cent.) to afford a remedy for injuries to property. -- entry into your residence without your consent Emotional, psychological or verbal abuse verbal abuse Psychology A form of emotional abuse consisting of the use of abusive and demeaning language with a spouse, child, or elder, often by a caregiver or other person in a position of power. See Child abuse, Emotional abuse, Spousal abuse. : which requires a pattern of behavior which "seriously degrades or humiliates" or "deprives" you of privacy, liberty, integrity or security. Threats or attempts to carry out any of these acts are also domestic violence. What is a domestic relationship? (Who is covered by this Act and in which situations?) * Women who are in civil and customary marriages * Women living-in with their male partners * A woman and her ex boyfriend or ex husband (a woman is protected by this Act for a period of two years after a divorce or a break-up) * A woman and the father/fathers of her children--a domestic relationship between two parents continues for their lifetime as long as the children are alive * A woman and a father of her dead child (a woman is protected by this Act for a period of two years after the death of the child) * Parent and child * Any family member related by blood, marriage or adoption (there must be some connection between them such as financial dependency or sharing a household). What can a victim or a survivor of domestic violence do? Make an application for a protection order that will say that the abuser must stop his behavior, that he must stay away from the people who are being abused or that he must leave the family home altogether. Disobeying a protection order is a crime. If the abuse amounts to a crime, lay a charge with the police or ask the police to give the abuser a warning. What can a protection order contain? A protection order may order the abuser: * To stop domestic violence * To surrender a firearm firearm, device consisting essentially of a straight tube to propel shot, shell, or bullets by the explosion of gunpowder. Although the Chinese discovered gunpowder as early as the 9th cent., they did not develop firearms until the mid-14th cent. or other weapon * Not to have any contact or communication with the complainant A plaintiff; a person who commences a civil lawsuit against another, known as the defendant, in order to remedy an alleged wrong. An individual who files a written accusation with the police charging a suspect with the commission of a crime and providing facts to support the allegation or with other specified persons who are at risk * Not to come near the complainant's residence, workplace, school etc. * To move out of the joint household regardless of which one of the parties owns or leases it (only in case of physical abuse). This will apply for a certain limited period of time during which the complainant can decide what to do next * To pay rent for alternative accommodation for the complainant, or to otherwise arrange for another place for the complainant to stay * To give the complainant possession of specified personal property (such as vehicles, agricultural implements, livestock, furniture, cheque books cheque book Noun a book of detachable blank cheques issued by a bank , credit cards, children's clothing and toys, identification documents, keys, personal documents or other necessary personal belongings personal belongings npl → efectos mpl personales ) A protection order can also: * Make a temporary order for maintenance, custody and access to children [ILLUSTRATION OMITTED] * Give a directive to police to confiscate To expropriate private property for public use without compensating the owner under the authority of the Police Power of the government. To seize property. When property is confiscated it is transferred from private to public use, usually for reasons such as a firearm from the abuser * Give a directive to police to accompany a woman home to collect her belongings belongings Noun, pl the things that a person owns or has with him or her Noun 1. belongings - something owned; any tangible or intangible possession that is owned by someone; "that hat is my property"; "he is a man of in safety. Who may obtain a protection order? ** Anyone who has been abused or threatened with abuse in a domestic relationship. ** A minor may bring an application without the assistance of an adult in cases where the violence is serious in nature. ** A counsellor, health care provider, police official, social worker, teacher, employer or any person who has an interest in the well-being of the person who has suffered the violence. The person who has actually suffered the violence must give written consent for the application to be made by someone else, unless he/she is - A minor - A mentally incapacitated mentally incapacitated Forensic psychology adjective Referring to a person rendered temporarily incapable of appraising or controlling his/her conduct due to the influence of a narcotic, anesthetic or other substance administered to that person without the person - An unconscious person - A person who is regularly under the influence of alcohol or drugs - A person who is at risk of such serious physical harm that the court approves an application in the absence of his/her consent. How do I apply for a protection order? There is no fee for making an application for a protection order. Step 1 Go to the magistrate's court nearest to where you live or work. The clerk of the court will give you forms to complete. You will be asked to make a sworn statement explaining how the abuse took place. Other people who have knowledge of the abuse can also make sworn statements. Step 2 The clerk will take your application to a magistrate Any individual who has the power of a public civil officer or inferior judicial officer, such as a Justice of the Peace. The various state judicial systems provide for judicial officers who are often called magistrates, justices of the peace, or police justices. who will then consider it and immediately grant you a temporary protection order if the magistrate is satisfied that you are being abused and that you will suffer more abuse if you do not get a protection order immediately. The police or the clerk of the court will serve the temporary order on the abuser. You will be asked to come to the court on another day for the court to consider granting you a final order. If the abuser is opposing the protection order he may also be in court on this day. Step 3 When you appear in the court for the second time, if the abuser is present, the court will ask him to give reasons why the final protection order should not be issued. If the abuser is not present, the court will grant you a final protection order if the magistrate is satisfied that you are being abused. The final protection order will be served on the abuser by the clerk of the court or the police. What if he abuses me after I have obtained a protection order? Go to the nearest police station. Take with you a copy of the protection order and lodge a complaint. You will be asked to make a sworn statement explaining how the abuse took place. The police have the power to arrest the abuser without a warrant if he has acted violently towards you. The abuser will be charged for violating the protection order and for committing any other criminal offence OFFENCE, crimes. The doing that which a penal law forbids to be done, or omitting to do what it commands; in this sense it is nearly synonymous with crime. (q.v.) In a more confined sense, it may be considered as having the same meaning with misdemeanor, (q.v. e.g. assault or rape. If found guilty for violating a protection order he will be sentenced to a maximum imprisonment Imprisonment See also Isolation. Alcatraz Island former federal maximum security penitentiary, near San Francisco; “escapeproof.” [Am. Hist.: Flexner, 218] Altmark, the German prison ship in World War II. [Br. Hist. of two years or ordered to pay a fine of up to N$ 8 000-00. The Legal Assistance Centre is currently piloting the application forms for a protection order to make them as user friendly as possible. The LAC is also producing a video that will demonstrate how a woman seeking a protection order should be treated by police officers and the clerk of the court. For further information contact Evelyn Zimba at Tel 223356. |
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