PREVENTION OF DOMESTIC VIOLENCE ACT

Arrangement of Sections

1. Short title.

2. An aggrieved person to make an application.

3. Considering the application.

4. Procedure for the issue or refusal of an Interim Protection Order.

5. Interim Order.

6. Issue of Protection Order where the respondent appears.

7. Issue of protection order when respondent does not appear.

8. Matters to be taken into consideration in issuing a protection order.

9. Protection Order to be served on the respondent.

10. Protection Order.

11. Prohibitions that of an Interim Order or Protection Order may contain.

12. Supplementary Orders.

13. Orders made with consent of parties.

14. Variation or revocation of a Production Order.

15. Attendance of respondent and witnesses.

16. Spouse to be a competent witness.

17. Right of Appeal.

18. Enforcement of Order.

19. Court to adopt procedure in framing charges.

20. Persons printing or publishing any matter in certain cases to be punished.

21. Other actions not barred.

22. Sinhala text to prevail in case of inconsistency.

23. Interpretation.

SCHEDULES

34 of 2005.

AN ACT to provide for the prevention of any act of domestic violence and for matters connected therewith or incidental thereto.

[Date of Commencement: 3rd October, 2005]

1. Short title.

This Act may be cited as the Prevention of Domestic Violence Act.

2. An aggrieved person to make an application.

(1) A person, in respect of whom an act of domestic violence has been, is or is likely to be, committed (hereinafter referred to as "an aggrieved person”) may make an application to the Magistrate's Court for a Protection Order, for the prevention of such act of domestic violence.

(2) An application under subsection (1) may be made—

(a) by an aggrieved person;

(b) where the aggrieved person is a child, on behalf of such child by—

(i) a parent or guardian of the child;

(ii) a person with whom the child resides;

(iii) a person authorised in writing by the National Child Protection Authority established under the National Child Protection Authority Act, No. 50 of 1998; or

(c) by a police officer on behalf of an aggrieved person.

(3) An application under subsection (1) shall be made in duplicate and shall be substantially in the form set out in Schedule II hereto and shall be made to the Magistrate's Court within whose jurisdiction the aggrieved person or the relevant person temporarily or permanently resides, or the act of domestic violence has been or is likely to be committed.

(4) Affidavits of any person who has knowledge of the aforesaid acts of domestic violence may be attached affidavits to the application, in support thereof.

3. Considering the application.

Upon an application being made in accordance with the provisions of this Act, the Court shall forthwith consider the application.

4. Procedure for the issue or refusal of an Interim Protection Order.

(1) Upon the consideration of the application and the affidavits, if any, the court shall—

(a) where it is satisfied that it is necessary to issue an Interim Protection Order (hereinafter referred to as an "Interim Order”), until the conclusion of the inquiry into the application, forthwith issue an Interim Order having regard to the provisions of subsection (2) and shall also make an Order for the holding of an inquiry in respect of such application on a date not later than fourteen days from the date of the application; or

(b) where it is satisfied that it is not necessary to issue an Interim Order in the circumstances, make an Order for the holding of an inquiry in respect of such application, on a date not later than fourteen days from the date of the application:

Provided however, that the court may, where it considers it necessary, examine on oath prior to the issue of such Interim Order, any person referred to in subsection (2) of section 2 or any other material witness, as the case may be.

(2) In determining the issue of an Interim Order the court shall take into consideration the urgent need to prevent the commission of any act of domestic violence and the need to ensure the safety of the aggrieved person.

(3) Upon the issuing of an Order under paragraph (a) or paragraph (b) of subsection (1), as the case may be, the court shall cause Notice to be issued on the respondent, to show cause on the date specified therein, why a Protection Order should not be issued against him.

(4) An Interim Order made under paragraph (a) of subsection (1), together with the Order made under paragraph (a) or paragraph (b) of subsection (1) as the case may be, shall be served on the respondent along with the Notice issued under subsection (3). Where service of such documents cannot, by the exercise of due diligence be effected by the fiscal or other authorised officer, such documents shall be deemed to be served on such respondent if it is posted in a conspicuous place at his usual place of residence.

5. Interim Order.

(1) An Interim Order—

(a) shall, pending the issue of a Protection Order prohibit the respondent from committing or causing the commission of any act of domestic violence;

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