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DOMESTIC VIOLENCE ACT
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DIVISION 3 Police Powers of Entry, Arrest and Detention
2023 Laws not yet authenticated through a Commencement Order
Revised Laws of Saint Lucia (2023)
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DIVISION 3
Police Powers of Entry, Arrest and Detention
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DIVISION 3 Police Powers of Entry, Arrest and Detention
1. Short title
2. Interpretation
3. Powers of the Minister
4. Training of criminal justice and health authorities
5. Non-discrimination of victims
6. Prohibition of acts of domestic violence
7. Report on acts of domestic violence to a police officer
8. Duties of police officer in relation to acts of domestic violence
9. Power of entry without a warrant
10. Power of entry with a warrant
11. Arrest by a police officer
12. Detention by a police officer
13. Bail for an offence in relation to an act of domestic violence
14. Application for an interim protection order by a victim
15. Application for an interim protection order on behalf of a victim
16. Making of a report to a police officer and application for an interim protection order, by a witness
17. Time for submitting an application for an interim protection order
18. Contents of and accompanying document with an application for an interim protection order
19. Application for an interim protection order to be lodged with the Court
20. Matters to be considered by the court before granting an interim protection order
21. Grant of an interim protection order
22. Validity of an interim protection order
23. Service of an interim protection order and notice of proceedings for a final protection order
24. Substituted service of an interim protection order and notice of proceedings for a final protection order
25. Filing of affidavit by a respondent
26. Service of an affidavit filed by the respondent
27. Affidavit in reply to the affidavit filed by the respondent
28. Service of affidavit in reply
29. Documents to be submitted to the court
30. Proceedings in the absence of the respondent
31. Proceedings in the absence of the applicant
32. Bond of good behaviour in lieu of a final protection order or penalty
33. Forfeiture of a bond of good behaviour
34. Grant or refusal to grant a final protection order
35. Notice and service of a final protection order
36. Explanation to respondent by the court
37. Terms of a protection order
38. Report of contravention of a protection order
39. Arrest by a police officer for contravention of a protection order
40. Penalties for contravention of a protection order
41. Application for variation or revocation of a protection order
42. Service of application for variation or revocation of a protection order
43. Grant of an application for variation or revocation of a protection order
44. Service of grant of an application for variation or revocation of a protection order
45. Protection order as evidence of a material fact in other proceedings
46. Protection of mortgage
47. Property rights
48. Appeals
49. Conduct of proceedings
50. Standard of proof
51. Restriction on publication of report of proceedings
52. Civil action
53. Amendment of Schedule
54. Rules
55. Regulations
56. Repeal
57. Savings
58. Transitional
Schedule
ACT
PRELIMINARY
1. Short title
2. Interpretation
PART I ADMINISTRATION
3. Powers of the Minister
4. Training of criminal justice and health authorities
5. Non-discrimination of victims
PART II DOMESTIC VIOLENCE
DIVISION 1 Prohibition of acts of Domestic Violence
6. Prohibition of acts of domestic violence
DIVISION 2 Report on acts of Domestic Violence
7. Report on acts of domestic violence to a police officer
8. Duties of police officer in relation to acts of domestic violence
9. Power of entry without a warrant
10. Power of entry with a warrant
11. Arrest by a police officer
12. Detention by a police officer
DIVISION 4 Bail for an offence in relation to an act of Domestic Violence
13. Bail for an offence in relation to an act of domestic violence
PART III PROTECTION ORDERS
DIVISION 1 Interim Protection Order
14. Application for an interim protection order by a victim
15. Application for an interim protection order on behalf of a victim
16. Making of a report to a police officer and application for an interim protection order, by a witness
17. Time for submitting an application for an interim protection order
18. Contents of and accompanying document with an application for an interim protection order
19. Application for an interim protection order to be lodged with the Court
20. Matters to be considered by the court before granting an interim protection order
21. Grant of an interim protection order
22. Validity of an interim protection order
23. Service of an interim protection order and notice of proceedings for a final protection order
24. Substituted service of an interim protection order and notice of proceedings for a final protection order
25. Filing of affidavit by a respondent
26. Service of an affidavit filed by the respondent
27. Affidavit in reply to the affidavit filed by the respondent
28. Service of affidavit in reply
29. Documents to be submitted to the court
DIVISION 2 Final Protection Order
30. Proceedings in the absence of the respondent
31. Proceedings in the absence of the applicant
32. Bond of good behaviour in lieu of a final protection order or penalty
33. Forfeiture of a bond of good behaviour
34. Grant or refusal to grant a final protection order
35. Notice and service of a final protection order
DIVISION 3 General
36. Explanation to respondent by the court
37. Terms of a protection order
38. Report of contravention of a protection order
39. Arrest by a police officer for contravention of a protection order
40. Penalties for contravention of a protection order
41. Application for variation or revocation of a protection order
42. Service of application for variation or revocation of a protection order
43. Grant of an application for variation or revocation of a protection order
44. Service of grant of an application for variation or revocation of a protection order
45. Protection order as evidence of a material fact in other proceedings
46. Protection of mortgage
47. Property rights
48. Appeals
PART IV CONDUCT OF PROCEEDINGS
49. Conduct of proceedings
50. Standard of proof
51. Restriction on publication of report of proceedings
PART V MISCELLANEOUS
52. Civil action
53. Amendment of Schedule
54. Rules
55. Regulations
56. Repeal
57. Savings
58. Transitional
Schedule
SUBSIDIARY LEGISLATION