Domestic Violence Legislation and its Implementation

2. Legal measures
DOMESTIC VIOLENCE
LEGISLATION AND ITS IMPLEMENTATION
The following are civil and criminal legal measures most often employed to protect women from
violence:
2.1 Civil remedies
The kinds of civil remedies adopted by different countries can be categorized into three groups:
a. Injunctive orders,
b. Remedial orders, and
c. Other affi liated orders.
The advantage of pursuing civil law remedies is complainant participation in the proceedings;
hence, reliefs granted are in accordance with the needs of the woman.
a. Injunctive orders
Protection orders
The most common form of injunctive or preventive order granted is a protection order also
known as a stop violence or non-molestation order. A protection order is to prevent future
acts of violence. A protection order may be granted to the survivor (the complainant) or any
other person who is interested in her welfare, such as other family members or even service
providers, such as shelter homes or medical facilities who apply on the complainant’s behalf.
Residence orders
As the physical security of the woman is of primary concern, protection orders are often
complemented with residence orders, ouster orders or occupation orders that guard against
the complainant losing her housing, or force the perpetrator to leave the shared household to
prevent further acts of violence. Residence orders or ouster orders do not create any property
rights over the shared household but are based on the complainant or other dependent
members’ entitlement to housing that is maintained by the perpetrator.
b. Remedial orders
Other than the obvious physical injuries sustained by survivors of violence, there are other
costs incurred, such as medical expenses, damages to property, impact on mental health, loss
of earnings, etc. Remedial orders require that the complainant be compensated for her loss.
Remedial orders are also important in achieving goals of retributive justice and deterrence.
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