Fighting Domestic Violence

Sri Lanka

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4. Protection for domestic violence victims and relief granted
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4. Protection for domestic violence victims and relief granted Start Comparison
4.1 Civil protection orders
4.1.1 Are there civil protection orders available to victims of domestic abuse?
Yes. Section 2 of the PDVA warrants "any person" in respect of whom an act of domestic violence has been, is or is likely to be committed to make an application to the magistrate's court for a protection order for the prevention of the act of domestic violence. Accordingly, men, women and children are allowed to enjoy the protections guaranteed in the PDVA if they can establish a domestic relationship between the parties.
4.1.2 Who can petition for civil protection orders?
Please see Section 4.1.1.
4.1.3 Are there temporary custody of a child or child support orders?
Yes, this can be imposed through an interim protection order under the PDVA.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?

Yes, by issuing an interim protection order under Section 4 of the PDVA. The magistrate's court is empowered to issue an interim protection order to be valid for 14 days on receiving an application under the PDVA without the burden of the victim having to prove their case. A protection order is valid for 12 months, which can be sought based on evidence presented in court.

A protection order can also bar the aggressor from committing further acts of violence and entering the victim's residence, among other prohibitions.[11]
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
N/A
4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?

Where the aggrieved person is a child, an application may be made on behalf of the child by: (i) a parent or guardian of the child; (ii) a person with whom the child resides; (iii) a person authorized in writing by the National Child Protection Authority established under the National Child Protection Authority Act No. 50 of 1998; or (iv) a police officer on behalf of an aggrieved person.

A "child" means a person who is under the 18 years old.[12]
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?

Yes, three types of protection orders are available to any person in respect of whom an act of domestic violence has been, is or is likely to be committed.

Interim protection order

When considering an application for an order, the court will do one of the following:

  1. If satisfied that it is necessary to issue an interim protection order until the conclusion of the inquiry into the application, it will immediately issue an interim protection order and make an order to hold an inquiry in relation to the application for an interim protection order.
  2. Where satisfied that it is not necessary to issue an interim protection order in the circumstances, it will make an order to hold an inquiry in relation to the application for an interim protection order.

In determining whether to issue an interim protection order, the court will consider the urgent need to prevent any act of domestic violence and the need to ensure the safety of the aggrieved person.

Issuing an interim protection order prohibits the respondent from committing or causing the commission of any act of domestic violence.

Protection order

The respondent (i.e., the person committing the act of domestic violence) will be served with notice to attend the court on a specific date. Where the respondent is present in court, the court will look at the application for the protection order and consider any evidence previously received, any further affidavits or oral evidence as it deems necessary. This is known as the inquiry.

After the inquiry, where the court is satisfied that it is necessary to issue a protection order, the court will issue a protection order considering the need to prevent any act of domestic violence from being committed and the need to ensure the safety of the aggrieved person.

Where the respondent appears in court and does not admit to the act or acts of violence but does not object to the issuance of a protection order, the court will issue a protection order considering the need to prevent any act of domestic violence from being committed and the need to ensure the safety of the aggrieved person.

A protection order will prohibit the respondent from committing or causing the commission of any act of domestic violence.

Supplementary order

Where a protection order has been made and where the court believes that it is reasonably necessary to protect and provide for the immediate safety, health or welfare of the aggrieved person, the court may order additional provisions by way of a supplementary order.[13]
4.1.8 Are ex parte orders permitted without the aggressor being present?

If the respondent to the application for an order (i.e., the person committing the act of domestic violence) does not appear and the court is satisfied that the notice to attend court has been served, the court will continue with considering the application for a protection order using the evidence previously received, any further evidence by way of affidavits or any oral evidence recorded in the absence of the respondent.

Based on the above, if satisfied by the evidence it has before it, the court may decide that it is necessary to issue a protection order.[14]
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
Yes, please see Section 4.1.7. 
4.1.10 How long do the orders last?
An interim protection order will remain in force until a protection order is issued by the court or the interim protection order is vacated. A protection order will remain in force for a period not exceeding 12 months.[15]
4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.
4.2 Steps for receiving a protective order
4.2.1 What documentation is needed to obtain a civil protection order?
The application must be submitted in the format set out in Schedule 2 of the PDVA. Affidavits of any person who has knowledge of the previously mentioned acts of domestic violence should be attached to the application.
4.2.2 Does the victim need to attend a hearing?

Typically, only an affidavit is required for an interim protection order (which lasts for 14 days), but a court may call a victim or witness under oath to give evidence.

Victim attendance and testimony at the inquiry to determine whether a full protection order is appropriate is at the discretion of the court.[16]
4.2.3 Can you request remedies?

The PDVA provides for the following remedies.

Interim protection order

This prohibits the respondent from committing or causing the commission of any act of domestic violence for a period of 14 days. The victim may request that the order prohibit the respondent from the following:

  1. entering a residence or any specified part of it shared by the aggrieved person and the respondent, as well as entering the following places of the aggrieved person:
    1. residence
    2. place of employment
    3. school
  2. entering any shelter in which the aggrieved person may be temporarily accommodated
  3. preventing the aggrieved person who ordinarily lives or has lived in a shared residence from entering or remaining in the shared residence or a specified part of the shared residence
  4. occupying the shared residence
  5. having contact with any child of the aggrieved person or having contact with the child other than based on satisfying any conditions it may consider appropriate, where the court is satisfied that it is in the best interest of the child
  6. preventing the aggrieved person from using or having access to shared resources
  7. contacting or attempting to establish contact with the aggrieved person in any manner whatsoever
  8. committing acts of violence against any other person, whether it be a relative, friend, social worker or medical officer who may be assisting the aggrieved person
  9. following the aggrieved person to cause a nuisance
  10. engaging in other conduct that will be, in the opinion of the court, detrimental to the safety, health or well-being of the aggrieved person or other person who may require protection from the respondent as the court may specify in the protection order
  11. selling, transferring, alienating or encumbering the matrimonial home to place the aggrieved person in a destitute position

Full protection order

This includes the same prohibitions as an interim protection order for 12 months.

Other remedies may be sought under the Penal Code and the Civil Code. 
4.2.4 Are there time limits?
No, although the time since the act of violence and the submission of the application may be relevant to the court's assessment of whether an order is necessary/appropriate.
4.2.5 Are there different rules in emergencies?
Interim protection orders can be granted almost immediately, without a full inquiry.
4.3 Judicial discretion
4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?

The magistrate's court is empowered to issue an interim protection order to be valid for 14 days on receiving an application under the PDVA without the burden of the victim having to prove their case. A protection order is valid for 12 months and it can be sought based on evidence presented in court.

A protection order can also bar the aggressor from committing further acts of violence and entering the victim's residence, among other prohibitions. In imposing prohibitions, the court is required to balance the accommodation needs of the applicant and the children and any hardship that may be caused to the aggressor.[17]

According to Articles 4 and 8 PDVA, in determining the issuance of a protection order, including an interim protection order, the court will consider the urgent need to prevent any act of domestic violence from being committed and the need to ensure the safety of the aggrieved person. Before issuing a civil protection order, the court can examine the people involved or any other material witness.[18]

A victim is able to seek an interim protection order when the case is filed, which the court has the discretion to grant, and a date for the inquiry must be fixed no more than 14 days from the date of the application. However, in reality, the inquiry does not take place within this stipulated period, thus limiting the success of the PDVA in addressing the urgency of the situation. The court can proceed with the inquiry without the presence of the respondent on the condition that it is satisfied that the notice has been served. There is no provision to ensure that serving the notice is expedited, thus further creating a delay when it is not served on time.[19]
4.3.2 Are there age limits on who can obtain orders?

No, but there are age limits for making an application for a civil protection order. According to the PDVA, an application for a protection order can be made by an aggrieved person or, where the aggrieved person is a child, on behalf of the child by the following:

  1. a parent or guardian of the child
  2. a person with whom the child resides
  3. a person authorized in writing by the National Child Protection Authority established under the National Child Protection Authority Act No. 50 of 1998
  4. a police officer on behalf of an aggrieved person
According to Article 23 of the PDVA, a "child" means a person who is under 18 years old.[20]
4.4 Restitution and remedies available to victims
4.4.1 Can victims obtain reimbursement for costs and restitution paid?

Under the PDVA, when making an application for a protection order, the court may make a supplementary order for the following:

  1. for the respondent to provide urgent financial assistance to any person, where the respondent has a duty to support the person
  2. for the respondent to make payments and provide facilities as necessary, to enable the aggrieved party to continue to occupy any residence in which the aggrieved party will reside during the period of the operation of the order

An order under the above considerations will only be made after a proper inquiry, and by having regard for the financial needs and other resources of the aggrieved person and the respondent.

The above rules will not affect the rights of any person under the Maintenance Act No. 37 of 1999. On the failure of the respondent to make any payment ordered under the above, the court might direct an employer of the respondent to directly pay to the aggrieved person a part or the whole of the financial assistance ordered by the court.
4.4.2 Can they recover wages and profits lost?
N/A
4.4.3 Is a separate civil process required?
A civil process (application for a protection order) is available. It is not clear whether this is mandatory.
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