Domestic Violence Act, 2007 (Act 732)

Section 1 — Meaning of domestic violence

Domestic violence means engaging in the following within the context of a previous or existing domestic relationship: 

(a) an act under the Criminal Code 1960 (Act 29) which constitutes a threat or harm to a person under that Act; 
(b) specific acts, threats to commit, or acts likely to result in 
(i) physical abuse, namely physical assault or use of physical force against another person including the forcible confinement or detention of another person and the deprivation of another person of access to adequate food, water, clothing, shelter, rest, or subjecting another person to torture or other cruel, inhuman or degrading treatment or punishment; 
(ii) sexual abuse, namely the forceful engagement of another person in a sexual contact which includes sexual conduct that abuses, humiliates or degrades the other person or otherwise violates another person's sexual integrity or a sexual contact by a person aware of being infected with human immunodeficiency virus (HIV) or any other sexually transmitted disease with another person without that other person being given prior information of the infection; 

Section 2 — Meaning of domestic relationship

(1) A domestic relationship means a family relationship, a relationship akin to a family relationship or a relationship in a domestic situation that exists or has existed between a complainant and a respondent and includes a relationship where the complainant
(a) is or has been married to the respondent;
(b) lives with the respondent in a relationship in the nature of a marriage even if they are not or were not married to each other or could not or cannot be married to each other;
(c) is engaged to the respondent, courting the respondent or is in an actual or perceived romantic, intimate, or cordial relationship not necessarily including a sexual relationship with the respondent;

Section 3 — Prohibition of domestic violence

(1) A person in a domestic relationship shall not engage in domestic violence.

(2) A person in a domestic relationship who engages in domestic violence commits an offence and is liable on summary conviction to a fine of not more than five hundred penalty units or to a term of imprisonment of not more than two years or to both.

(3) The Court may in addition to imposing a fine or a prison term, order the offender in a case of domestic violence to pay compensation to the victim as the Court may determine.

(4) When a cause for complaint has arisen between persons in a domestic relationship and the persons do not cohabit, none of those persons shall enter into the residence of the other person without that other person's permission.

Section 4 — Domestic violence not justified by consent

The use of violence in the domestic setting is not justified on the basis of consent.

Section 5 — Number of acts which would amount to domestic violence

(1) A single act may amount to domestic violence.

(2) A number of acts that form a pattern of behaviour may amount to domestic violence even though some or all of the acts when viewed in isolation may appear minor or trivial.

Section 6 — Filing of complaint with police

(1) A victim of domestic violence or a person with information about domestic violence may file a complaint about the domestic violence with the police.

(2) A child may be assisted by a next friend to file a complaint on domestic violence.

(3) Despite subsection (1) a social worker, probation officer or health care provider shall file a complaint about domestic violence where the intervention is in the interest of the victim. 

(4) A member of the victim's family may file a complaint on behalf of the victim where the victim is for any reason unable to file a complaint personally.

(5) A deceased person's personal representative or a member of the deceased's family or another person competent to represent the deceased may file a complaint where a person who could have been a complainant under this Act has died. (6) A complaint about domestic violence shall be filed with the police at the place where 
(a) the offender resides,
(b) the victim resides,
(c) the domestic violence occurred or is occurring, or
(d) the victim is residing temporarily, where the victim has left his or her usual place of abode

Section 7 — Police assistance

A police officer shall respond to a request by a person for assistance from domestic violence and shall offer the protection that the circumstances of the case or the person who made the report requires, even when the person reporting is not the victim of the domestic violence.

Section 8 — Receipt of complaint by police and free medical treatment

(1) When a police officer receives a complaint under section 6(6), the officer shall
(a) interview the parties and witnesses to the domestic violence including children,
(b) record the complaint in detail and provide the victim with an extract of the occurrence upon request in a language the victim understands,
(c) assist the victim to obtain medical treatment where necessary,
(d) assist the victim to a place of safety as the circumstances of the case or as the victim requires where the victim expresses concern about safety,
(e) protect the victim to enable the victim retrieve personal belongings where applicable,
(f) assist and advise the victim to preserve evidence, and
(g) inform the victim of his or her rights and any services which may be available.

Section 9 — Arrest by police

(1) A police officer may arrest a person for an offence of domestic violence with a warrant issued under this Act or without a warrant.

(2) A police officer may arrest a person for an offence of domestic violence without a warrant where 
(a) an act of domestic violence is committed in the presence of the police officer, 
(b) the police officer is obstructed by the person in the execution of police duties, or 
(c) the person has escaped or attempts to escape from lawful custody.

(3) A police officer may arrest a person without a warrant on reasonable suspicion that that person 
(a) has committed an offence of domestic violence, or
(b) is about to commit an offence of domestic violence and there is no other way to prevent the commission of the offence.

(4) A police officer may arrest a person without warrant if the officer has reasonable cause to believe that the person has contravened or is contravening a protection order issued under section 13 or 14.

Section 10 — Arrest without warrant by person other than police officer

(1) A person other than a police officer may arrest without warrant, another person if that other person commits an act of domestic violence in the presence of the person.

(2) A person other than a police officer may arrest without warrant, another person where the person has reasonable suspicion that the other person has committed an offence of domestic violence.

(3) A person who effects an arrest under subsections (1) and (2) shall within a reasonable time hand over the person arrested to the police.