The Protection Order
A Protection Order is a form of Peace Order, save that it applies in a circumscribed manner. It only applies where abuse or domestic violence has been or is being committed or is threatened by a person who is close or was once close to a victim. For this protection to devolve upon the victim, there needs to be a relationship between the victim and the abuser. The relationship can be that of a relative in the ordinary sense for example father, uncle, grandmother, brother, e.t.c, or that of a past or present lover. The protection that is conferred to the victim can be found in the Domestic Violence Act of 2007. A person seeking a protection order has to approach the courts by way of application procedure.
Who can make the application?
Section 7(1) of the Domestic Violence Act states that the following classes of persons are permitted to apply for a protection order:
1) the complainant (the victim) mero motu ; or
2) any person acting with the consent of the complainant; or
3) any person having care or custody of a complainant who is a minor; or
4) any person acting as the complainant’s representative, with or without the consent of the complainant: having sort the consent of the court, if the victim is not amenable to application.
Who can grant a Peace order?
The Magistrates Court of Zimbabwe or High Court or a Local court (chief’s or headman’s court 1) may preside over the matter of abuse and grant protection in respect of the following matters emotional abuse, psychological abuse, and economic abuse.
Competent orders that can be contained in a protection order.
The High Court and Magistrate Court can make the following directions in a protection order where it deems fit:
a) Forbid the perpetrator of domestic violence or abuse from committing or enlisting the help of another person to commit any act of domestic violence;
b) direct the respondent to stay away from any premises or place where the complainant resides, or any part of such premises or place;
c) prohibit the respondent from entering or approaching any place or premises where or at which the complainant works, attends or frequents, or any part of such premises or place;
d) direct the respondent to pay emergency monetary relief in respect of the complainant’s needs and those of any child or dependant of the respondent, including household necessities, medical expenses, school fees and mortgage bond or rent payments;
e) award the temporary custody of any child or dependant of the respondent to any person or institution and regulate rights of access by the respondent to such child or dependant;
f) direct the respondent to afford the complainant or any child or dependant of the complainant access to their place of residence and use of the facilities associated therewith;
g) direct the respondent to pay adequate compensation in the prescribed manner for any personal or physical injury, pain, trauma or loss suffered by the complainant;
h) direct that the complainant or the respondent or both undergo counselling by a counsellor with the respondent paying all the necessary expenses;
i) generally, direct the respondent to do or omit to do any act or thing which the court considers necessary or desirable for the well-being of the complainant or any child or dependant of the complainant.
