Rex is married to Mrs. Rex and they have two children aged 4 years and 6 years. Two years ago Rex sustained an injury to his spine in a motor accident that left him paralyzed and unable to work. Ever since Mrs. Rex, has been subjecting Rex and the two minors to constant threats to inflict harm on them, denial of food, and for the last three days has been locking them up as she lives for work. The neighbors who have had to pass food to the children through window openings are concerned about the health of the three and are at a loss on what steps to take to intervene without being seen as intermeddling in a domestic matter.
The Protection Against Domestic Violence Act 2015 defines domestic violence as any form of violence against a person, threat of violence, or imminent danger to that person, by any other person with whom they are in a domestic relationship with.
A person is in a domestic relationship with another person if the person-
(a) is married to that other person or has previously been married to that other person;
(c) is living in the same household with that person;
(d) has been in a marriage with the other person which has been dissolved or null;
(e) is a family member of that other person;
(f) is or has been engaged to get married to that person;
(g) has a child with that other person; or
(h) has a close personal relationship with the other person.
abuse may take the form of:
economic abuse” includes- (a) the unreasonable deprivation of economic or financial resources to which an applicant is entitled or which the applicant requires, including household necessities, medical expenses, school fees, rent, mortgage expenses or other similar expenses; and (b) the denial to the applicant of the right to seek employment or engage in any income-generating activity;
“emotional, verbal, or psychological abuse” means a pattern of degrading, or humiliating conduct towards the applicant, including but not limited to the following: repeated insults, ridicule or name-calling; and repeated threats to cause emotional pain.
“harassment” means engaging in a pattern of conduct that induces in an applicant the fear of imminent harm, including-
(a) watching or loitering outside or near the building or place where the applicant resides, works, carries on business, studies, or happens to be;
(b) repeated contact or attempts to contact the applicant by telephone, electronic means, post or otherwise, whether or not a conversation ensues; and
(c) sending, delivering or causing the delivery of offensive or abusive documents or offensive objects to the applicant;
“intimidation” includes uttering or conveying a threat or causing an applicant to receive a threat which includes a fear of imminent harm to the applicant;
physical abuse” includes any act or threatened act of physical violence towards the applicant;
Mrs. Rex’s actions constitute domestic violence against persons with whom she is in a domestic relationship with.
A person who is in a domestic relationship with another person may apply to the Court for a protection order against abuse in respect of that other person.
Where the person eligible to apply for a protection order is a child such as the two minors, the application for a protection order may be made by a representative. An adult experiencing domestic violence and unable to make such an application personally as is the situation with Rex may also have a personal representative appointed to make such an application on their behalf.
The following constitute personal representatives: a police officer; a social welfare officer; an employer of the applicant; the guardian of a child or a guardian appointed by the court; a relative, neighbor or fellow employee of the applicant; a medical practitioner; a counselor; a probation officer; a non-governmental organization concerned with the welfare of victims of domestic violence; a religious leader; community elders; or any other person or class of persons as may be specified by law.
Rex’s neighbors qualify as his personal representatives as well as the children’s. With leave of the court either with or without the consent of Rex, they can make an application for a protection order or any other order the court considers fit to award against Rex‘s wife.
Click here to see a sample of the application.
Click here to see a sample of the application where children are involved