HOW TO GET A PROTECTION ORDER IN TRINIDAD & TOBAGO.

PUBLISHED BY THE
​AURORA CHAMBERS LEGAL PRACTICE

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​If a person feels unsafe or threatened by another person, he or she can seek the relief of a protection order. A protection order also known as a restraining order is a court document which prohibits the respondent (the person against whom the protection order is being made) from engaging in abusive behaviour of any type towards the victim. But how does a person get a protection order in Trinidad and Tobago? Who can apply for one? How long can a protection order last?

Here are 7 important things you should know about protection orders in Trinidad and Tobago:

1. Who can apply for a protection order?

According to section 4(2) of the Domestic Violence Act Chap 45:56, an application for a protection order can be made by:

• the spouse of the respondent.
• a member of the household of the spouse or respondent, either on his own behalf or on behalf of any other member of the household;
• a child--
  • (i) related by blood or marriage of either the spouse or respondent;
  • (ii) of whom either the spouse or respondent is a guardian; or 
  • (iii) who is or has been a member of the household of the spouse or the respondent;

• a dependant; this is a person over the age of eighteen years who by reason of physical or mental disability, age or infirmity is reliant on either the applicant or respondent for his/her welfare.
• a parent or sibling by blood or marriage of either the spouse or respondent not being a member of the household;
• a person who has a child in common with the respondent; and
• a person who is or has been in a visiting relationship with a person of the opposite sex for a period exceeding twelve months.
• A police officer, probation officer or approved social worker can also apply for a Protection Order on behalf of:
  • any person referred to above or
  • a person or child who is in a residential institution.​

2. For what reasons can a protection order be made?

According to section 4 of the Domestic Violence Act,  a person  can apply to the Court for a Protection Order on the ground that the respondent engaged in domestic violence.

"Domestic violence" includes: physical, sexual, emotional or psychological or financial abuse committed by a person against a spouse, child, any other person who is a member of the household or dependant.

“Physical abuse” means any act or omission which causes physical injury.

“Sexual abuse” includes sexual contact of any kind that is coerced by force or threat of force.

“Emotional or psychological abuse” means a pattern of behaviour of any kind, the purpose of which is to undermine the emotional or mental well-being of a person including--

• persistent intimidation by the use of abusive or threatening language;
• persistent following of the person from place to place;
• depriving that person of the use of his property;
• the watching or besetting of the place where the person resides, works, carries on business or happens to be;
• interfering with or damaging the property of the person;
• the forced confinement of the person;
• persistent telephoning of the person at the person’s place of residence or work; and
• making unwelcome and repeated or intimidatory contact with a child or elderly relative of the person;

“Financial abuse” means a pattern of behaviour of a kind, the purpose of which is to exercise coercive control over, or exploit or limit a person’s access to financial resources so as to ensure financial dependance.

3. What information is required and what documentation is needed when applying for a Protection Order?

The parties correct name and address and a specific time of at least six months before filing when the incident/pattern of behaviour occurred.

The applicant or the applicant's representative should complete the information in Form 1 in the Second Schedule of the Domestic Violence Act. This details the following:

• name and address of the applicant
• name, relationship to the applicant and address of the respondent
• details of the dates, times and descriptions of the conduct leading to the application being made.

4. Where and how does one apply for a Protection Order?

There are two ways in which the applicant can apply:

1. The applicant or the applicant's representative can send an email directly to the court at domesticviolence.response@ttlawcourts.org.  The email must include the following information:

• A synopsis of the matter
• Name and address of applicant
• Contact number of applicant
• A copy of applicant’s National Identification
• An email address to which the court can respond 

                                             or

2. The applicant or the applicant's representative can contact the Domestic Violence Hotline at 866-DVCT (3828) or  via  email: dv@ttlawcourts.org . A domestic violence representative will assist the applicant through a step by step process.

N.B. All applications should be done online. Walk-in services are currently not being facilitated by the court.

5. What terms can be included in a protection order?

A Protection Order can include a number of terms designed to protect the applicant or the person on whose behalf the application was made. The protection order may prohibit the respondent from:

• engaging or threatening to engage in conduct which would constitute domestic violence towards the applicant;
• being on premises specified in the Order, that are premises frequented by the applicant including any residence, property, business, school or place of employment;
• being in a locality specified in the Order;
• engaging in direct or indirect communication with the applicant;
• taking possession of, damaging, converting or otherwise dealing with property that the applicant may have an interest in, or is reasonably used by the applicant, as the case may be;
• approaching the applicant within a specified distance;
• causing or encouraging another person to engage in conduct referred to.

A Protection Order may also direct that the Order be applied for the benefit of a child or dependant of the applicant or respondent; and direct that the respondent:

• return to the applicant specified property that is in his possession or under his control;
• pay compensation for monetary loss incurred by an applicant as a direct result of conduct that amounted to domestic violence;
• pay interim monetary relief to the applicant for the benefit of the applicant and any child, where there is no existing order relating to maintenance until such time as an obligation for support is determined, pursuant to any other written law;
• immediately vacate any place or residence for a specified period, whether or not the residence is jointly owned or leased by the respondent and the applicant, or solely owned or leased by the respondent or the applicant;
• relinquish to the police any firearm licence, firearm or other weapon which he may have in his possession or control and which may or may not have been used;
• make or continue to make payments in respect of rent or mortgage payments for premises occupied by the applicant;
• ensure that reasonable care is provided in respect of a child or dependant person;
• or applicant or both, receive professional counselling or therapy from any person or agency or from a programme which is approved by the Minister in writing.

6. What factors will the court consider in determining whether or not to grant a protection order and what terms should be included in it?
​
The Court will consider:

• the nature, history or pattern of the violence that has occurred and whether a previous Protection Order or Interim Order has been issued;
• the need to protect the applicant and any other person for whose benefit the Protection Order has been granted from further domestic violence;
• the welfare of any child;
• the accommodation needs of the applicant and any other person;
• the hardship that may be caused as a result of the making of the Order;
• the income, assets and financial obligations of the respondent, the applicant and any other person affected by the Order;
• the need to preserve and protect the institution of marriage and other relationships whilst affording protection and assistance to the family as a unit; and
• any other matter, that in the circumstances of the case, the Court considers relevant.

​7. How long can a protection order last? 
​
A protection order remains in force for any period of time specified by the court, but such period shall not exceed three years.

Important Notice: This post does not constitute or provide legal advice. Always consult with a suitably qualified attorney-at-law on any legal problem or issue.

Law For All is managed by the AURORA CHAMBERS Legal Practice.

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