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Domestic Violence Introduction

[ Publication date Jan 01, 2001 ]

Family violence is essentially abuse between family members like

  • knowingly placing a family member in fear of hurt
  • actually hurting
  • wrongfully confining or restraining a family member against his/her will and
  • repeatedly harassing a family member andpurposely causing anguish.
Q: Who can seek protection against family violence?

Under the Women's Charter, if a husband uses or threatens to use violence against his wife or any child of the family, she may apply to Court for protection. A "battered" husband has a similar right against a violent wife. A child of the family may also apply through his parent, guardian or person having actual custody of him against either or both parents.

However, a girlfriend/boyfriend, mistress or lover does not have such a right to court protection under the Women's Charter. They are still able to seek protection by the normal process of reporting the violence to the police.

Any other family member can also apply for family protection.

Q: Who is regarded as a family member of the violent person?

A family member includes

  • a spouse or former spouse;
  • a child of the person, including an adopted child and a step-child;
  • either parent of the person including his/her in-laws;
  • a brother or sister of the person;
  • any other relative of the person (including in-laws or related through adoption) or
  • any person who suffers from physical or mental illness or is very ill or elderly who the Court feel should be regarded as a member of the family e.g. an old amah who has been taken care of by the family for 15 years.
Q: My wife beats my children every time she thinks they are doing something wrong. I personally don't believe in corporal punishment. Is my wife committing family violence?

The Court does not regard any reasonable force use as part of disciplining your children as family violence.

Q: What kind of protection can I apply to Court for?

You can apply for the Personal Protection Order (PPO), the Expedited Order (EO) or the Domestic Exclusion Order (DEO).

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