Civil protection orders are provided for in the Domestic Violence Act. There are two types of protection orders: interim protection orders and protection orders. Sections 10 to 16 of the Domestic Violence Act provide for the following: (i) the application for protection orders; (ii) the issuance of protection orders; (iii) the contents of protection orders; (iv) any application for the variation of protection orders; and (v) the enforcement of protection orders.

Any victim or representative of the victim may apply to a magistrates' court for a protection order in the form specified in the third schedule of the Domestic Violence Act (Form 1).^[13] The application should be supported by an affidavit and any reports or documents to be relied upon.^[14] Section 2 of the Domestic Violence Act defines a "victim" as a person in a domestic relationship who directly or indirectly suffers from threatened or actual domestic violence.

Generally, an application for a protection order will be heard by the court within 48 hours after filing the application. However, an application may be brought outside ordinary court hours or on a day that is not an ordinary court day where the court is satisfied that the victim may suffer undue hardship if the application in not dealt with immediately.^[15]

Section 13 of the Domestic Violence Act provides for the contents of a protection order, which includes temporary custody and child support orders for the following: (i) any child; (ii) a dependent of the victim; or (iii) a dependent of the perpetrator. The Domestic Violence Act does not provide a definition for a "child" or "dependent" but it may be interpreted to include minors (and possibly adults) who are not the biological children of the perpetrator or victim. However, the courts have not yet confirmed this. A point of concern under Section 13 is that certain provisions refer to the dependent of the perpetrator and others to the dependent of the victim. This may result in protection not being adequately provided to all persons in a given household who may require it.

The following provisions of Section 13 of the Domestic Violence Act relate to child support and child custody in relation to the content of a protection order:

• Section 13(d): The perpetrator may be directed to pay maintenance in respect of the victim's needs or the needs of any child or dependent of the perpetrator, including necessaries.
• Section 13(e): Temporary custody of any child or dependent of the perpetrator may be awarded to any person or institution and may regulate the rights of access by the perpetrator to the child or dependent.
• Section 13(f): The perpetrator may be directed to afford the victim or any child or dependent of the victim access to their place of residence and to use the facilities associated with it.
• Section 13(g): The perpetrator may be directed to do or omit to do any act or thing that the court considers necessary or desirable for the well-being of the victim or any child or dependent of the victim.

Section 13 of the Domestic Violence Act states that where the victim resides on any part of the premises, the perpetrator may be prohibited from entering or approaching any place or premises where the victim works, frequents, attends or any part of the premises or place if the prohibition is in the best interests of the victim. In issuing a protection order, where it considers it expedient to do so, the court may issue an order to the perpetrator to vacate the matrimonial home or another home.^[16] The order may only be issued after the consideration of a social report prepared by the social welfare officer.^[17]

Types of civil protection orders

In terms of Section 11 of the Domestic Violence Act, both interim protection orders and protection orders can be obtained. Although Section 10(1) states that a victim or the representative of a victim may apply to a magistrates' court for a protection order, Section 12(1) implies that an application must first be made for an interim protection order.

Interim protection orders

In order for a court to issue an interim protection order, it must be satisfied of the following:

• the perpetrator has committed, is committing or is threatening to commit an act of domestic violence
• it is necessary or desirable to issue an immediate order to protect the victim from harm or discomfort or inconvenience because of the domestic violence

An interim protection order has a maximum duration of three months. It will contain any direction, prohibition or order and will specify a hearing date for the application of a protection order.^[18] A protection order will remain in force until it is varied or revoked by a competent court.^[19] Further, it is not stated in the Domestic Violence Act and it is therefore unclear whether emergency orders also extend protection from abuse and intimidation to family members of the victim.

An interim protection order will specify a hearing date for the application for a protection order. On the hearing date specified in an interim protection order, the court may issue a protection order where the court is satisfied that an act of domestic violence has been committed, is threatened or is being committed by the perpetrator.

A note of concern may be raised in respect of Section 11(7), which provides that, where appropriate, a court may order that the victim and perpetrator and any other affected member of the family be subjected to counseling, mediation or any other intervention the court deems fit. However, this is in the court's sole discretion and, unlike other provisions, it does not require a social report from a social welfare representative, as contained in Section 13(3).

Protection orders

To issue a protection order, Section 12(1) of the Domestic Violence Act provides that, on the hearing date specified in an interim protection order, the court may issue a protection order where the court is satisfied that an act of domestic violence has been committed, is threatened or is being committed by the perpetrator.

Ex parte orders^[20] are permitted without the aggressor being present. In terms of Section 12, a protection order may be issued ex parte if the court is satisfied that the perpetrator has been served with a notice of the application for the order.

Section 10 of the Domestic Violence Act provides the following regarding an application for a protection order:

• A victim or representative of a victim may make the application to the magistrates' court.
• The application should be supported by an affidavit and any reports or documents to be relied upon should be attached to the application.
• The application should be specified in Form 1 of the third schedule.
• On receiving an application under this section, the court will issue a summons to the respondent directing him/her to appear in court on the date named in the summons in Form 2 of the third schedule.
• The application will be heard by the court within 48 hours after filing the application.
• An application may be brought outside ordinary court hours or on a day that is not an ordinary court day where the court is satisfied that the victim may suffer undue hardship if the application is not dealt with immediately.

Enforcement of protection orders

Section 16 of the Domestic Violence Act provides the following for the enforcement of orders:

• Where the perpetrator breaches any term or condition of an interim protection order or a protection order, the victim or the victim's representative may apply to the court for a remedy.
• An application for a remedy should be accompanied by one or more affidavits made by a person or persons who can depose to the facts alleged.
• The application for a remedy should be in Form 4 specified in the third schedule.
• A person who fails to comply with the terms and conditions of an order commits an offense and is liable on conviction to a fine not exceeding 48 currency points or imprisonment not exceeding two years, or both.
• The court may give any other remedy it considers fit.

The law is clear on the documentation required to apply for a protection order and it states the following: (i) an affidavit regarding the breach of any term or condition of an interim protection order or protection order is required; and (ii) a completed Form 4 of the third schedule is required.

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In terms of issuing a protection order, the courts have discretion in issuing an order in the following circumstances:

• In respect of issuing a protection order, the court may issue a protection order where the court is satisfied that an act of domestic violence has been committed, is threatened or is being committed by the perpetrator.^[21]
• In addition to any other remedy provided for under the Domestic Violence Act, the court may order that the victim and the perpetrator and any other affected member of the family be subjected to counseling, mediation or any other intervention that the court deems fit.^[22]

In respect of an application to vary, revoke or discharge the interim protection order or protection order, the application will only be granted if the court is satisfied that good cause has been shown.^[23]

There are no age limits applicable to a person who can apply for a protection order. Section 10 of the Domestic Violence Act merely states that a victim or his/her representative can apply for a protection order.

Please refer to section 4.3.1.

The Domestic Violence Act provides a wide range of remedies to victims. These include criminal sanctions, civil remedies and compensatory provisions.

Guiding principles for determining compensation

Victims may ask for costs and restitution to be paid. Section 4(4) and 20(2) of the Guiding Principles for Determining Compensation, in terms of the second schedule of the Domestic Violence Act, provide for these processes. In terms of compensation, the Penal Code Act provides for compensation and reparations for sexual and gender-based violence. Section 129B leaves it to the discretion of the court to determine the actual amount of compensation to award, taking into consideration the extent of the harm to the victim, the degree of force used by the offender and medical and other expenses incurred by the victim because of the offense.

The Guiding Principles for Determining Compensation provide that courts may consider the following when determining a claim for compensation:^[24]

• the pain and suffering of the victim and the nature and extent of the physical or mental injury suffered
• the cost of medical treatment for the injuries suffered by the victim
• any loss of earnings arising from the domestic violence
• the amount or value of the property taken, destroyed or damaged
• the necessary and reasonable expenses incurred by or on behalf of the applicant, where the applicant is compelled to separate or be separated from the perpetrator due to the domestic violence, including accommodation costs, transport costs and meals

Please refer to section 4.4.1.

At both the regional and international level, violence against women and girls is condemned and states are required to take action to eliminate gender-based violence. States, such as Uganda, are under a positive obligation to implement legislative measures that criminalize gender-based violence and to provide civil remedies to victims of gender-based violence.^[25] In addition, states are required to implement effective protective measures to prevent and address gender-based violence in their respective countries.^[26] The adoption and implementation of the Domestic Violence Act and Domestic Violence Regulations is a positive step for Uganda in meeting these standards. More specifically, these laws demonstrate how Ugandan legislation reflects the protective aims of the Maputo Protocol and the CEDAW.

Articles 1 to 4 of the Maputo Protocol deal with the right to dignity inherent in a human being, the right to the recognition and protection of every woman's human and legal rights, and the right to life, integrity and security of the person. The Domestic Violence Act strives to facilitate the promotion of these key rights and, more specifically, Articles 3 and 4 of the Maputo Protocol, which provide, among others, as follows:

• Article 3 (Right to Dignity): "State parties shall adopt and implement appropriate measures to ensure the protection of every woman's right to respect for her dignity and protection of women from all forms of violence, particularly sexual and verbal violence."
• Article 4 (The Rights to Life, Integrity and Security of the Person): This article is explicitly aimed at addressing violence against women by identifying the causes and consequences of violence and by punishing perpetrators of such violence to uphold every woman's entitlement to respect, integrity and security of her person.

Furthermore, the CEDAW sets out a number of protective measures recommended to state parties. It provides for the protection of the privacy and safety of the victims through "gender sensitive court procedures and measures, bearing in mind the due process of victims/survivors, witnesses and defendants."^[27] The Domestic Violence Act provides for this by allowing ex parte orders to be permitted without the aggressor having to be present. Additionally, a victim or representative of a victim may make an application to the magistrates' court, supported by an affidavit.^[28] Regulation 13 of the Domestic Violence Regulations enables matters with a certain degree of sensitivity to be heard in camera^[29] instead of in public.^[30]

The CEDAW also provides the following:

Mechanisms should include immediate risk assessment and protection comprising a wide range of effective measures and, where appropriate, the issuance and monitoring of eviction, protection, restraining or emergency barring orders against alleged perpetrators, including adequate sanctions for non-compliance. Protective measures should avoid imposing an undue financial, bureaucratic or personal burden on women who are victims/survivors.^[31]

As mentioned above, Section 13 of the Domestic Violence Act provides for such mechanism, dealing with child support and child custody, as well as prohibiting the perpetrator from entering or approaching any place or premises where the victim may be or forcing them to vacate the matrimonial home when it is in the best interests of the victim. In terms of Regulation 33 of the Domestic Violence Regulations, the protection order will be based on evidence such as the respective housing needs of the parties and children, the financial resources of the parties, and the effect on the health, safety and welfare of the parties and children.^[32]

The Domestic Violence Act and the Domestic Violence Regulations are silent on the issue of the costs of the application for and issuance of protection orders.

In terms of the Maputo Protocol, state parties are required to allocate adequate budgetary resources for the implementation and monitoring interventions geared toward eradicating violence against women. Article 8 of the Maputo Protocol provides for access to justice and equal protection before the law, stating:

Women and men are equal before the law and shall have the right to equal protection and benefit from the law. States Parties shall take all appropriate measures to ensure: effective access by women to judicial and legal services, including legal aid.^[33]

In terms of the CEDAW, the Committee recommends that state parties implement measures to "ensure effective access for victims to courts and tribunals and that the authorities adequately respond to all cases of gender-based violence against women … Fees or court charges should not be imposed on victims/survivors."^[34] Furthermore, the Committee recommends that state parties implement the following measures with regard to reparations:

Provide effective reparations to victims/survivors of gender-based violence against women. Reparations should include different measures, such as monetary compensation, the provision of legal, social and health services, including sexual, reproductive and mental health services for a complete recovery, and satisfaction and guarantees of non-repetition … Such reparations should be adequate, promptly attributed, holistic and proportionate to the gravity of the harm suffered.^[35]

As set out under Section 3.4 above, Section 4(4) and 20(2) of the Guiding Principles for Determining Compensation deal with a number of these determinations in calculating the reparations to be awarded to the victim. However, no provision has been made for how the reparation will be funded. The CEDAW recommends that state parties "establish specific funds for reparations or include allocations in the budgets of existing funds, including under transitional justice mechanisms, for reparations to victims of gender-based violence against women."