CRITICAL PROVISIONS IN THE
PROTECTION AGAINST DOMESTIC
VIOLENCE LAW THAT AFFECTS WOMEN
AND OTHER VULNERABLE GROUPS
Titilola Vivour-Adeniyi
Coordinator
Lagos State Domestic and Sexual Violence
Response Team
WHAT IS DOMESTIC VIOLENCE
A general term used to describe a
range of behaviour often used by one
person to CONTROL and DOMINATE
another with whom they are in a
COHABITING RELATIONSHIP with.
Acts that constitute Domestic Violence
Section 18(g) lists the acts that constitute domestic Violence”. These acts include, but are not limited
to the following:Physical abuse;
Sexual abuse/exploitation including but not limited to rape, incest and sexual assault;
Starvation;
Emotional, verbal and psychological abuse;
Economic abuse and exploitation;
Intimidation;
Harassment;
Stalking;
Hazardous attack including acid bath with offensive or poisonous substances;
Damages to property;
Entry into the complainant’s residence without consent where the parties do not share the same
residence;
Any other controlling or abusive behavior towards a complainant, where such conduct harms or
may cause imminent harm to the safety, health or well being of the complainant; or
Deprivation.
Interpretation Section
The Interpretation section is quite detailed as it defines
some of the acts that will be considered domestic
violence.
For instance, Economic Abuse includes:
“(i) the unreasonable deprivation of economic or financial
resources to which a complainant is entitled under the law
or which the complainant require out of necessity,
including household necessities for the complainant, and
mortgage bond repayments or payment of rent in respect
of the share residence; or
(ii) the unreasonable disposal or seizure of household
effects or other property in which the complainant has an
interest including any equitable or legal interest.”
CONT’D




Emotional, Verbal and Psychological Abuse- means
a pattern of degrading or humiliating conduct
towards a complainant, including(i) repeated insults, ridicule or name calling as to
cause emotional pain;
(ii) repeated threats to cause emotional pain; or
(iii) the repeated exhibition of obsessive
possessiveness or jealousy, which constitute a serious
invasion of the complainant's privacy, liberty,
integrity or security;
WHO CAN APPLY FOR ASSISTANCE UNDER THE LAW
Section 18(i) (f) lists the categories of people who can
apply under this law. For any one to bring an action under
this law, parties must be in a “DOMESTIC RELATIONSHIP”.
Therefore, the survivor and the perpetrator must be in one
of the following listed relationships:
Be married, which includes but not limited to marriage
under the law or Native law and custom;
Cohabiting; or
Parents or guardians of a child
Family members (by blood, adoption or other)
Housemaids, domestic servants/staff, housekeepers.
DEFINITION OF DOMESTIC RELATIONSHIP
Includes a relationship between a complainant and
a respondent in any of the following ways where(i)
They are married to each other, including
marriage according to any law, custom or religion,
(ii)
They lived or lived together in a relationship in the
nature of marriage, although they are not, or
were not, married to each other, or are not able
to be married to each other,
(iii) They are parents of a child or are persons who
have had or had parental responsibility for a
child (whether or not at the same time)

CONT’D



They are family members related by consanguinity,
affinity or adoption
They are or were in an engagement, dating or
customary relationship, including an actual or
perceived romantic, intimate or sexual relationship
of any duration, or
They share or recently shared the same residence,
including housemaids, domestic servants or staff,
housekeepers or unpaid licenses
APPLICATION FOR A RESTRAINING ORDER


By virtue of section 2 of the law, a complainant can
apply for a PROTECTION ORDER by him or herself.
A victim can literally walk into either a Magistrate
or High Court and make the complaint.
Where the complainant has legal representative,
the lawyer can apply on his or her behalf.
…PROTECTION ORDER

Section 5 provides for an application and an affidavit
to be filed with the registrar of a Magistrate Court or
High Court requesting for the protection order from
the Court.

The Affidavit shall provide all the relevant information
in relation to the Domestic Violence incidence. All the
information submitted by the complainant and
through the police investigation must be provided to
assist the court in the grant of the protection order.
Duty of Court to Issue Protection Order
•
•
•
An Interim Protection Order can be issued against
the respondent even without notice of the
proceeding in the prescribed manner where;
The respondent has committed or is committing an
act of domestic violence.
Undue hardship may be suffered by the
complainant as a result of domestic violence if a
Protection Order is not issued immediately.
Interim Protection Order continued


An Interim Protection Order shall be served on the
respondent in the prescribed manner and he shall
be called upon to attend the court in order to
provide reasons why a protection order would not
be issued.
The return date after service of the interim
protection order has been effected upon the
defendant shall not be more than 8 days after
service has been effected.
Protection Order continued


If at the return date the respondent fails to attend
court, a Protection Order will be issued provided there
is proof of proper service on the respondent and the
application contains prima facie evidence that the
respondent has committed or is committing an act of
domestic violence.
Where the respondent attends on the return date, the
court shall proceed to hear the matter and consider
additional evidence received, and such further
affidavit or oral evidence shall form part of the court
proceedings.
Protection Order continued


The court after hearing the respondent and the
complainant, if deemed fit on a balance of
probability that the respondent has committed or
is committing an act of domestic violence shall
issue the protection order in the prescribed form.
The Protection Order shall have a power of arrest
for the Police to arrest the respondent for the
breach of the terms of the Protection Order.
DIFFERENT ORDERS THE COURT CAN MAKE
Upon commencement of the case, the court is empowered to grant an order protecting
the applicant and such order with the originating application shall be served on the
abuser (Respondent).
Furthermore, by virtue of section 7 of PADVL, the Court is empowered to make any of
the following orders
An order to stop the Respondent from further committing any act of Domestic Violence
An order prohibiting the Respondent from enlisting the help of another person to
commit such act
An order restraining the Respondent from entering the residence shared with the
complainant
An order restraining the Respondent from entering the Complainant’s place of work
An order compelling a police officer to accompany the Complainant to a specific
place/home for the collection of personal properties.

OTHER ORDERS THE COURT CAN GRANT







The court can also grant certain maintenance orders, which
include but not limited toPayment of house rent or mortgage
Feeding allowance
School fees for the children
Monthly expense allowance
Emergency monetary relief
Section 7 (6) (a)- (c) goes on to provide that the Court can
also make Orders as to the custody of a child having
considered what is in the best interest of the child.
EMERGENCY MONETARY RELIEF
Emergency monetary relief means compensation for
monetary losses suffered by a complainant at the
time of the issue of a protection order as a result of
the domestic violence, including(i)
Loss of earnings
(ii)
Medical expenses
(iii) Relocation and accommodation expenses, or
(iv) Necessaries

Additional Safety Conditions on Protection Order- section 7
Protection Against Domestic Violence Law 2007
The court may impose any additional conditions which is
deemed reasonably necessary to protect and provide for
the safety, health or well-being of the complainant,
including an order:
• To seize any arm or dangerous weapon in the
possession or under the control of the respondent, as
contemplated in Section 9; and
• That a Police Officer must accompany the complainant
to a specific place to assist with arrangements
regarding the collection of personal property.
Exclusion of Members of the Public from
Proceedings
No member of the public is allowed to attend or be
present in court during this proceedings except –
officers of the court
the parties to the proceedings; or
any person bringing an application on behalf of
complainant in compliance with Section 2(3), which may
be;

any legal representative of any party to the proceedings;
 witnesses;

CONT’D


•
not more than three persons for the purpose of
providing support to the complainant; or
any other person whom the court permit to
be present. Provided that the court shall, if it
deems fit, exclude any person from attending
any part of the proceedings; and
Nothing in this subsection shall prevent the court
from hearing proceedings in camera or excluding
any person from attending such proceedings.
Potential Reasons for not reporting Domestic Violence cases to
the police
Police may not take the case serious
72%
Scared of being
stigmatized/Ostrasiced
82%
Have no money to give to the police
91%
Fear of disrespect by the police/Police
may ask emarrassing questions
91%
Police may not apprehend the rapists
91%
0
20
40
60
80
100