Who may apply for a Protection or Occupation Order?

  1. The spouse of the Respondent, i.e. the person to whom the alleged conduct has been made against or is likely to be  perpetrated by.
  2. Any member of the same household on his own behalf or on behalf of any member of the household.
  3. A parent or relative of either spouse, not being a member of that household.
  4. In cases where the conduct involves a child or a dependant:
    • a person with whom the child or dependant normally resides or resides on a regular basis or any member of the household.
    • a parent or guardian of the child or dependant. E.g. dependant is a physically challenged or mentally disabled person.
    • a person experienced or qualified in Social Welfare approved by the Minister in writing or a police officer.
    • a person holding the office or performing the duties of a Probation Officer or a medical Social Worker.
    • the Solicitor General.

 

Procedure for applying for a Protection or Occupation or Order

  • Applicant is interviewed by the Court, i.e. to obtain details of the type of violence, date of  incident, place of work or address where Respondent can be reached etc.
  • Applicants must show I.D. in order for applications to be processed.
  • He or she is given the option to have the matter settled through counselling or through mediation.
  • If not he/she is free to proceed with application for the Order.
  • $1.20 in stamps is required to process the application.
  • All Applicants must sign his/her own application.
  • In the case of a child or person under age sixteen (16), the guardian or parent may make application on behalf of the  minor as next friend.
  • The Applicant is given a court date within seven (7) working days in which he or she will appear along with the  Respondent in the case, who will be served with summons by the Bailiff to appear on  that specific date.

 

What happens after an application for a Protection or an Occupation Order is filled?

  • The Applicant is given a date for court hearing and is expected to appear on that date.
  • Summons is served by the Court on the Respondent.
  • The Respondent shall appear in Court on the specified date on the summons.

 

What happens if the Respondent appears in court and the Applicant did not show?

  • the matter can be struck out on the grounds of non-appearance by Plaintiff.
  • non-appearance can be taken to mean that the Plaintiff no longer has any interest in the case.
  • if someone decided not to pursue the case he or she can come to Court and let the Court know that he/she does not  wish to go ahead with the matter and wishes to withdraw it.

 

Is every Applicant granted a Protection Order?

No – it depends on the evidence that is presented in court.

An Order can be granted ex-parte (i.e.) in the absence of the Respondent; an Ex-parte Order is valid for seven days.  This order can be an Interim Order, which gives the Respondent a chance for a hearing.  The Order may specify the duration of the time for which it should be in place or it may be indefinite.

 

What happens when the Abuser breaches the Order?

- the Applicant should report the matter to the nearest police station.  The police upon being satisfied that the Order  was breached can arrest the abuser.

- abuser can be arrested and charged.

- may be brought before the Court

- can be fined or imprisoned

 

The Occupation Order:

Gives the Applicant the right to occupy the home excluding the Respondent.  Such an order can be made on a temporary basis or for a specific period.

Address

Credit Union League Building,
Pauls Avenue,
Kingstown
Office Hours (M-F)
8:00 a.m. - 4:15 p.m.
Court Hours (M-F)
9:00 a.m. - 4:00 p.m.
Telephone
1 (784) 457-1091