1.1 What are the relevant statutes and codes?
The equal rights of men and women are guaranteed under Article 4 of the 1979 Republican Constitution.
The main statute that specifically addresses domestic violence is the Domestic Violence Act (1999), as amended ("Domestic Violence Act"). This act allows a person to apply for a protection order under circumstances of domestic violence. The statute contains no subsidiary legislation under the Domestic Violence Act. Numerous pieces of legislation are relevant to the Domestic Violence Act.
A draft Domestic Violence Amendment Bill 2020 ("Amendment Bill") was introduced in June 2020, which seeks to amend and expand the key protections and categories of people who can apply for protection orders under the Domestic Violence Act. However, the Amendment Bill has not been passed into law yet.1.3 What are the specific parts of the court system that address domestic violence?
The magistrates' court determines whether a prima facie case has been established against the accused before he or she can be indicted for a trial at the High Court Division of the Supreme Court.
1.4 What are potential causes of action?
When arresting a suspect, the police will do so under one of the acts contained in the First Schedule of Section 25 of the Domestic Violence Act, which are as follows:
- Summary Offenses Act
- Malicious Damage Act
- Offenses Against the Person Act
- Children Act
- Sexual Offenses Act