LAWS OF GUYANA

Domestic Violence Cap11:09 3

CHAPTER 11:09

DOMESTIC VIOLENCE ACT

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

SECTION
1. Short title.
2. Interpretation.
3. Associated persons.

PART II

PROTECTION ORDERS, OCCUPATION ORDERS AND

TENANCY ORDERS

4. Parties who may apply for protection orders.

5. Protection order or undertaking.
6. Provisions in protection order.
7. Matters to be taken into account.
8. Occupation order.
9. Effect of occupation order.
10. Variation or discharge of occupation order.
11. Tenancy order.
12. Effect of tenancy order.
13. Power to discharge tenancy order and revest tenancy.
14. Procedure relating to occupation and tenancy orders.
15. Power of court to make ancillary orders.
16. Provisions relating to occupation and tenancy orders.
17. Form of application.
18. Procedure.
19. Restrictions on publication.
20. Date for hearing.
21. Service.
22. Service other than personal service.

L.R.O. 3/1998
 LAWS OF GUYANA

4 Cap. 11:09 Domestic Violence

SECTION
23. Affidavit evidence.
24. Adjournment.
25. Procedure in the absence of respondent.
26. Procedure in the absence of applicant.
27. Interim orders.
28. Explaining proposed order to respondent.
29. Duration of protection order.
30. Variation and revocation of protection order.
31. Form and service of protection order.
32. Breach of protection order.

PART III

ARREST AND BAIL

33. Power to enter premises.

34. Power of arrest.
35. Bail.
36. Conditions of bail.
37. Issue of warrant.
38. Criminal proceedings may be concurrent.

PART IV

MISCELLANEOUS

39. Jurisdiction.
40. Appeals.
41. Rules of Court.
42. Assistance to victims of domestic violence.
43. Preparation of reports.
44. Role of the Director of Human Services in alleviating domestic
violence and abuse.
45. Ownership of property.
46. Protection of mortgagee.
47. Regulations.
48. Amendment of Forms.
SCHEDULE - Forms
 LAWS OF GUYANA

Domestic Violence Cap11:09 5

CHAPTER 11:09

DOMESTIC VIOLENCE ACT A.D. 1996

[31ST DECEMBER, 1996]

AN ACT to afford protection in cases involving domestic violence 18 of 1996

by the granting of a protection order, to provide the police
with powers of arrest where a domestic violence offence
occurs and for matters connected therewith or incidental
thereto.

PART I

PRELIMINARY

1. This Act may be cited as the Domestic Violence Act. Short title.

2. In this Act— Interpretation.

(a) “applicant” means any person who applies for an order

pursuant to this Act;
(b) “child” means a person under the age of eighteen years;
(c) “clerk” means the clerk of the court;
(d) “cohabitants” are a man and woman who, although not
married to each other, are living together as husband and
wife, and “former cohabitants” shall be construed
accordingly, but does not include cohabitants who have
subsequently married each other;
(e) “court” means a court of summary jurisdiction;
(f) “domestic violence offence” means a prescribed
offence committed by a person against a person with whom
he is associated or a relevant child;
(g) “drug” means a substance or product for the time being
specified in the First, Second or Third Schedule to the
Narcotics Drugs and Psychotropic Substances (Control)
Act;
(h) “harassment” includes—

L.R.O. 3/1998
 LAWS OF GUYANA

6 Cap. 11:09 Domestic Violence

(i) the intimidation of a person by—

(A) persistent verbal abuse;

(B) threats of physical violence;
(C) the malicious damage to the property of a
person;
(D) inducing fear of physical or psychological
violence; or
(E) any other means;

(ii) the persistent following of a person from place to

place;
(iii) the hiding of any clothing or other property owned
by or used by a person or the depriving of a person of the
use thereof or the hindering of a person in the use thereof;
(iv) the watching or besetting of the house or other places
where a person resides, works, carries on business or
happens to be or the watching or besetting of the premises
that are the place of education of a person, or the watching
or besetting of the approach to the house, other place or
place of education;
(v) the making of persistent unwelcome communications
to a person;
(vi) using abusive language to or behaving towards a
person in any other manner which is of such a nature and
degree as to cause annoyance to, or result in ill-treatment
of that person;

(i) “health” includes physical or emotional health;

(j) “household residence” means the dwelling house that
is or was used habitually by the respondent and the person
named in the order, or either of them;
(k) “intimidation” means any act, expression or gesture
which, when used repeatedly, has the effect of exerting
undue pressure on a person who, for fear of suffering
emotional or physical injury to himself or property, is forced
to perform an act against his will;
(l) “occupation order” means an order made under section
8 and includes an interim order, made under that section;
 LAWS OF GUYANA

Domestic Violence Cap11:09 7

(m) “parent” means a person who is a parent or

grandparent by—

(i) blood
(ii) marriage; or
(iii) adoption,

and includes a guardian or any person who has actual custody of a

child, and “parental responsibility” shall be construed accordingly;

(n) “police officer”, notwithstanding anything in the

Police Act means any member of the Police Force; c. 16:01
(o) “prescribed offence” means—

(i) murder or attempted murder;

(ii) manslaughter;
(iii) the use or threatened use of any other violence or
physical or emotional injury;
(iv) a rape offence within the meaning of the Criminal
Law (Offences) Act; c. 8:01

(p) “protection order’’ means an order made under section

5 and includes an interim order made under that section;
(q) “psychological abuse” includes a repeated or habitual
pattern of conduct which is performed to the dishonour,
discredit or scorn of the personal worth of a person,
unreasonable limitation to access and handling of common
property, blackmail, repeated or habitual vigilance,
isolation, deprivation of access to adequate food or rest,
deprivation of custody of sons or daughters, threats of
deprivation of custody of sons or daughters or destruction of
objects held in esteem by the person, except those that
privately belong to the respondent;
(r) “relevant child” means—

(i) any child who is living with or might reasonably be

expected to live with either party to the proceedings; and
(ii)any other child whose interests the court considers
relevant;

L.R.O. 3/1998
 LAWS OF GUYANA

8 Cap. 11:09 Domestic Violence

(s) “respondent” means a person against whom an

application is made;
(t) “tenancy order” means an order made under section 11
and includes an interim order made under that section;
(u) “tenant”, in relation to any dwelling house, includes
any person—

(i) whose tenancy has expired or has been determined;

and
(ii) who is for the time being deemed under or by virtue of
any enactment or rule of law to continue to be the tenant of
the dwelling house,

and the term “tenancy” has a corresponding meaning.

Associated 3. (1) For the purposes of this Act a person is associated with
persons. another person if—

(a) they are or have been married to each other;

(b) they are cohabitants or former cohabitants;
(c) they are or have engaged in a relationship of a sexual
nature;
(d) they live or have lived together in the same household,
otherwise than merely by reason of one of them being the
other’s employee, tenant, lodger or boarder;
(e) they are relatives;
(f) they have agreed to marry one another, (whether or
not the agreement has been terminated); or
(g) in relation to any child, they are persons falling within
subsection (2).

(2) A person falls within this subsection in relation to a child

if—

(a) he is a parent of the child; or

(b) he has or has had parental responsibility for the child.

(3) In the case where the child has been adopted, two persons
are associated with each other for the purposes of this Act if—
 LAWS OF GUYANA

Domestic Violence Cap11:09 9

(a) one is a natural parent of the child or a parent of such

a natural parent; and
(b) the other is the child or any person—

(i) who has become a parent of the child by virtue of an

adoption order or who has applied for an adoption order; or
(ii) with whom the child has at any time been placed for
adoption.

(4) A body corporate and another person shall not by virtue of

subsection (1) (g) be regarded for the purposes of this Act as associated
with each other.

PART II

PROTECTION ORDERS, OCCUPATION ORDERS

AND TENANCY ORDERS

4. (1) An application for a protection order may be made by any of Parties who
the following— may apply for
protection
orders.
(a) a person associated with the respondent;
(b) where the alleged conduct involves a child under
sixteen or a person suffering from a mental disability—

(i) a person with whom the child or person normally

resides or resides on a regular basis;
(ii) a parent of the child or person;
(iii) a qualified social worker approved by the
Minister by notice published in the Gazette; or
(iv) a police officer;

(c) a police officer;

(d) a qualified social worker approved by the Minister by
notice published in the Gazette.

(2) Where the applicant is a person other than the person on

whose behalf the application is made, the person on whose behalf the
application is made shall be a party to the proceedings, save that if that

L.R.O. 3/1998
 LAWS OF GUYANA

10 Cap. 11:09 Domestic Violence

person is a child under sixteen or suffers from a mental disability, the

parent of that person shall be a party to the proceedings as long as such
parent is not the respondent.

(3) A child under the age of sixteen may with leave of the court
apply for a protection order but such leave shall not be given unless the
court is satisfied that the child has sufficient understanding to make the
proposed application.

(4) For the purposes of this section “conduct” mean conduct in

respect of which a protection order may be made under section 5.

Protection 5. (1) Where, on an application made in accordance with this Act,

order or the court is satisfied, on a balance of probabilities, that—
undertaking.
(a) the respondent has engaged in conduct that constitutes
a domestic violence offence and unless the respondent is
restrained the respondent is likely to engage in further
conduct that would constitute that or another domestic
violence offence;
(b) the respondent has threatened to engage in conduct
that would constitute a domestic violence offence and,
unless the respondent is restrained, the respondent is likely
to engage in conduct that would constitute that or another
domestic violence offence;
(c) the respondent has induced or forced the applicant or
the person for whose benefit the order would be made
without that person’s consent, to be drugged with a
substance or any other means that alters the will of the
person, or to become intoxicated with alcoholic beverages,
or has reduced such person’s capacity to resist, by means of
hypnosis, depressants, stimulants or by similar means or
substances; or
(d) the respondent has engaged in harassment or
psychological abuse of the applicant or the person for whose
benefit the order would be made which constitutes a threat to
the health, safety and well-being of that person,
 LAWS OF GUYANA

Domestic Violence Cap11:09 11

the court shall, subject to this section, make a protection order

restraining the respondent from engaging in such conduct or in any
other conduct referred to in this section.

(2) The court, when making a protection order, may impose one
or more of the prohibitions or conditions specified in section 6.

(3) Where the court is satisfied that it is necessary in order to

ensure the safety of the applicant or the person for whose benefit the
order would be made pending the hearing and determination of the
application to make an interim protection order the court may make
such an order whether or not the application has been served on the
respondent.

(4) Where the court is satisfied that a previous protection order

has not been made against and no undertaking has been given by the
respondent the court may at any time before a protection order is made
accept from the respondent a signed undertaking in Form I in the Form I
Schedule that he shall refrain from engaging in conduct of the nature
specified in the application and in conduct that would constitute any
domestic violence offence:

Provided that no undertaking shall be accepted if an allegation is

made against the respondent of conduct referred to in subsection l(a).

(5) An undertaking given under this section may deal with such
other matters that may be dealt with in a protection order as the court
sees fit having regard to the matters referred to in section 7.

(6) An undertaking given under this section and any matters

dealt with in that undertaking shall remain in force for the period stated
in the undertaking.

(7) Sections 28, 30 and 32 apply, with such modifications as

may be necessary, in relation to an undertaking as they do to a
protection order.

L.R.O. 3/1998
 LAWS OF GUYANA

12 Cap. 11:09 Domestic Violence

(8) The court is not precluded from making a protection order

by reason of an undertaking being in force under a previous
application.

Provisions in 6. (1) Subject to this Act, a protection order may—

protection
order.
(a) prohibit the respondent from being on premises in
which a person named in the order resides or works;
(b) prohibit the respondent from being on premises that
are the place of education of a person named in the order;
(c) prohibit the respondent from being on premises
specified in the order, being premises frequented by a person
named in the order;
(d) prohibit the respondent from being in a locality
specified in the order;
(e) prohibit the respondent from engaging in harassment
or psychological abuse of a person named in the order;
(f) prohibit the respondent from speaking or sending
unwelcome messages to a person named in the order;
(g) direct the respondent to make such contribution to the
welfare of a person named in the order as the court thinks fit;
(h) provide for custody and maintenance of children;
(i) prohibit the respondent from taking possession of
specified personal property, being property that is
reasonably used by a person named in the order;
(j) direct the respondent to return specified personal
property that is in his possession or under his control which
belongs to a person named in the order;
(k) prohibit the respondent from causing another person
to engage in the conduct referred to in paragraph (e), (f) or
(i);
(l) specify conditions subject to which the respondent
may be on premises or in a locality specified in the order;
(m) direct the respondent to do or to refrain from doing
any other act or acts which the court in the circumstances of
the case considers relevant;
(n) provide that the respondent seek appropriate
counselling or therapy from a person or agency approved by
the Minister, by notice published in the Gazette.
 LAWS OF GUYANA

Domestic Violence Cap11:09 13

(2) The court may make an order that includes a prohibition of

the kind referred to in subsection (1)(a) or (i) notwithstanding any
legal or equitable interests the respondent might have in the property
comprising the premises or in the property to which the prohibition of
the kind referred to in subsection (1)(i) relates.

7. (1) In determining whether to impose one or more of the Matters to be

prohibitions or conditions specified under section 6, the court shall taken into
account.
have regard to the following—

(a) the need to secure the health, safety and well-being of

the applicant or the person for whose benefit the order is
made;
(b) the need to secure the health, safety and well-being of
any relevant child;
(c) the accommodation needs of the applicant or the
person for whose benefit the order is made;
(d) any hardship that may be caused to the respondent or
to any other person as a result of the making of the order;
(e) the income, assets and financial obligations of the
respondent and of the applicant or the person for whose
benefit the order is made;
(f) any other matter that, in the circumstances of the case,
the court considers relevant.

(2) In having regard to the matters referred to in subsection (1),

the court shall consider the matters referred to in subsection (1)(a) and
(b) as being of primary importance.

8. (1) The court when making a protection order or an interim Occupation

protection order may also make an occupation order or an interim order.
occupation order, as the case may be, granting the person named in the
order for such period or periods and on such terms and subject to such
conditions as the court thinks fit, the right to live in the household
residence or any other premises forming part of the household
residence.

(2) The court may make an order under subsection (1) only if
the court is satisfied that such an order—

L.R.O. 3/1998
 LAWS OF GUYANA

14 Cap. 11:09 Domestic Violence

(a) is necessary for the protection of the applicant or the

person for whose benefit the order is made; or
(b) is in the best interests of a relevant child.

(3) An interim occupation order made while the person for

whose benefit the order is made and the respondent are living together
in the same household residence shall expire—

(a) on the discharge of the order by the court;

(b) on the discharge of an interim protection order.

(4) Where an interim occupation order is made the respondent

may apply immediately for variation or discharge of that order.

Effect of 9. (1) Where an occupation order or interim occupation order is

occupation made, the person to whom it relates shall be entitled, to the exclusion
order. of the respondent, to occupy the household residence to which that
order relates.

(2) Every occupation order shall have effect and may be

enforced as if it were an order of the court for possession of the
household residence in favour of the person to whom it relates.

Variation or 10. The court may if it thinks fit, on the application of either party,
discharge of make an order—
occupation
order.
(a) extending or reducing any period specified by the
court pursuant to section 8(l); or
(b) varying or discharging any terms and conditions
imposed by the court pursuant to that subsection.

Tenancy order. 11. (1) The court when making a protection order or an interim
protection order may also make a tenancy order or an interim tenancy
order, as the case may be, vesting in the person named in the order, the
tenancy of any dwelling-house which, at the time of the making of the
order—
 LAWS OF GUYANA

Domestic Violence Cap11:09 15

(a) the respondent is either the sole tenant of or a tenant

holding jointly or in common with the person named in the
order; and
(b) is the household residence of the person named in the
order or the respondent.

(2) The court may make an order under subsection (1) only if
the court is satisfied that such an order—

(a) is necessary for the protection of the applicant or the

person for whose benefit the application is made; or
(b) in the best interests of a relevant child.

(3) An interim tenancy order made while the person concerned

and the respondent are living together in the same household residence
shall expire—

(a) on the discharge of the order by the court;

(b) on the discharge of an interim protection order.

(4) Where an interim tenancy order is made the respondent may

apply immediately for variation or discharge of that order.

12. (1) Where a tenancy order or interim tenancy order is made, the Effect of
person to whom it relates shall, unless the tenancy is sooner tenancy order.
determined, become the tenant of the dwelling-house upon and subject
to the terms of the tenancy in force at the time of the making of the
order, and the respondent shall cease to be the tenant:

Provided that the court may order that the respondent contribute to
the payment of rent, such amount as the court thinks fit.

(2) Every tenancy order shall have effect and may be enforced
as if it were an order of the court for possession of the dwelling-house
in favour of the person to whom it relates.

(3) Nothing in this Act or in any tenancy order—

L.R.O. 3/1998
 LAWS OF GUYANA

16 Cap. 11:09 Domestic Violence

(a) limits or attracts the operation of any enactment or rule

of law for the time being applicable to any tenancy to which
a tenancy order applies, or to the dwelling-house held under
the tenancy;
(b) authorises the court to vary, except by vesting the
tenancy pursuant to this section or revesting the tenancy
pursuant to section 13, any express or implied term or
condition of the tenancy.

Power to 13. (1) The court may, if it thinks fit on the application of either
discharge party or the personal representative of either party, make an order (in
tenancy order
and revest this section referred to as a revesting order) revesting the tenancy
tenancy. accordingly.

(2) Where a revesting order is made under subsection (1), the

person in whose favour it is made shall, unless the tenancy is sooner
lawfully determined, become the tenant of the dwelling-house upon
and subject to the terms and conditions of the tenancy in force
immediately before the date on which the revesting order was made.

Procedure 14. (1) Before making any occupation order (other than an interim
relating to occupation order) or any tenancy order (other than an interim tenancy
occupation and order) the court shall direct that notice be given to any person having
tenancy orders.
an interest in the property which could be affected by the order.

(2) The person referred to in subsection (1) shall, upon being

notified pursuant to that subsection, be entitled to appear and to be
heard.

Power of court 15. (1) On or after making an occupation order or a tenancy order
to make the court may, subject to subsection (2), make an order granting to the
ancillary person named in the order the use, for such period and on such terms
orders.
and subject to such conditions as the court thinks fit, of all or any of
the—

(a) furniture;
(b) household appliances; and
(c) household effects, in the household residence or other
premises to which the occupation order relates.
 LAWS OF GUYANA

Domestic Violence Cap11:09 17

(2) Notwithstanding subsection (1), an order made under that

subsection shall expire if the occupation order made in relation to the
household residence or other premises or the tenancy order made in
relation to the dwelling-house expires or is discharged.

16. (1) Where an agreement, including a mortgage or a lease of Provisions

premises, provides that if the respondent ceases to reside in his place of relating to
residence, a person may take action that would be prejudicial to the occupation and
tenancy orders.
interest of the respondent or a member of the respondent’s family, the
person is not entitled to take that action if the respondent ceases to
reside in the place of residence in compliance with an order made
under this Act.

(2) Where the court is satisfied on evidence before it that an

agreement referred to in subsection (1) exists in relation to the
respondent, the court shall, at the time of making an order, direct that
a copy of the order be sent to the person referred to in subsection (1),
by the clerk of the court.

17. An application for a protection order shall be made in Form 2 in Form of

the Schedule and shall be filed with the clerk. application .
Form 2.

18. (1) Proceedings in respect of an application shall be heard in Procedure.

camera unless the court otherwise directs.

(2) Except as otherwise provided by this Act, the Summary c. 10:02

Jurisdiction (Procedure) Act shall apply mutatis mutandis in respect of
proceedings on an application.

19. (1) Subject to subsection (4), no person shall publish any report Restrictions on
of proceedings under this Act (other than criminal proceedings), publication.
except with the leave of the court which heard the proceedings.

(2) Every person who contravenes subsection (1) conmits an

offence and is liable on summary conviction to a fine not exceeding
five thousand dollars.

(3) Nothing in this section limits—

L.R.O. 3/1998
 LAWS OF GUYANA

18 Cap. 11:09 Domestic Violence

(a) the provisions of any other enactment relating to the

prohibition or regulation of the publication of reports or
particulars relating to judicial proceedings; or
(b) the power of the court to punish any contempt of
court.

(4) This section shall not apply to the publication of any report
in any publication that—

(a) is of a bona fide professional or technical nature; or

(b) is intended for circulation among members of the
legal or medical profession, officers of the public service,
psychologists, marriage counsellors or social workers.

Date for 20. The clerk shall fix a date for the hearing of an application for a
hearing. protection order which date shall be no more than seven days after the
date on which the application is filed.

Service. 21. (1) Where an application has been filed with the clerk, a copy of
Form 3. the application together with notice of proceedings in Form 3 in the
Schedule shall, as soon as practicable, be served personally on the
respondent.

(2) Where an application filed is in respect of a child under

sixteen or person suffering from a mental disability a copy of the
application together with notice of the date on which and time and
place at which the application is to be heard shall, as soon as
practicable, be served personally on—

(a) the parent with whom the child under sixteen or

person suffering from a mental disability normally resides
or resides on a regular basis; or
(b) where the child under sixteen or person suffering from
a mental disability does not normally reside or does not
reside on a regular basis with the parent, on the person with
whom the child under sixteen or person suffering from a
mental disability normally resides or resides on a regular
basis.
 LAWS OF GUYANA

Domestic Violence Cap11:09 19

(3) A notice of the proceedings which is issued and served

under this Part is deemed to be a summons that is duly issued and
served under the Summary Jurisdiction (Procedure) Act and the c. 10:02
respondent shall appear in court to answer the application as if it were
a complaint to which that Act applies.

(4) Any notice of proceedings issued under this Part may be

served by the applicant or his agent and the court may, at its discretion,
receive proof of such service by affidavit in Form 4 in the Schedule. Form 4.

22. Where it appears to the court that it is not reasonably practicable Service other
to serve a copy of an application or an order personally the court may— than personal
service.
(a) order that the copy of the application for the
protection order or the copy of the protection order itself, be
served by such other means as the court thinks just; or
(b) make an order for substituted service.

23. (1) Evidence on an application for a protection order may be Affidavit

given on affidavit. evidence.

(2) Unless a party to the proceedings or the court so requires, it

is not necessary to call a person who made an affidavit pursuant to
subsection (l) to give evidence.

24. Where the hearing of an application is adjourned by reason of Adjournment.

the fact that the application and the notice of proceedings have not been
served on the respondent, the date, time and place fixed by the court for
the adjourned hearing shall be the date, time and place stated in the
notice of adjourned proceedings.

25. Where notice of the proceedings has been served on the Procedure in
respondent in accordance with section 21 and the respondent fails to the absence of
respondent.
appear in person at the court at the time fixed for the hearing of the
application for the protection order, the court may—

(a) proceed to hear and determine the matter in the

respondent’s absence; or

L.R.O. 3/1998
 LAWS OF GUYANA

20 Cap. 11:09 Domestic Violence

(b) where the court is satisfied having regard to the

material before it that it is appropriate to do so, adjourn the
matter and issue a warrant for the respondent to be
apprehended and brought before the court.

Procedure in 26. Where, on the date of the hearing of the application, the
the absence of respondent appears in court, but neither the applicant nor the person on
applicant. whose behalf the application is made appears either in person or by his
attorney-at-law, the court may—

(a) dismiss the application;

(b) having received a reasonable excuse for the non-
appearance of either party adjourn the hearing of the
application upon such terms as the court may think just; or
(c) where the court is satisfied having regard to the
material before it that it is appropriate for evidence to be
given by affidavit, the court may so direct, but the court shall
on the application of any other party order the attendance for
cross examination of the person making any such affidavit.

Interim orders. 27. (1) Every interim order made under this Act shall specify a date
(which shall be as soon as reasonably practicable thereafter) for a
hearing on whether an order should be made in substitution for the
interim order.

(2) The copy of any such interim order which is served on the
respondent shall notify the respondent that unless the respondent
attends on the specified date to show cause why an order should not be
made in substitution for the interim order, the court may discharge the
interim order and make an order in substitution therefor.

(3) At the hearing referred to in subsection (1) the court may—

(a) discharge the interim order; or

(b) discharge the interim order and make an order in
substitution therefor; or
(c) on good cause being shown, adjourn the hearing to
such date and place as the court may specify.
 LAWS OF GUYANA

Domestic Violence Cap11:09 21

(4) Where a hearing is adjourned under subsection (3)(c) the

court shall, at the adjourned hearing, exercise either the power
conferred by paragraph (a) or by paragraph (b) of that subsection.

(5) In this section—

(a) “interim order” mean an interim protection order, an

interim occupation order or an interim tenancy order, as the
case may be;
(b) “order” means a protection order, an occupation order
or a tenancy order, as the case may be, not being an interim
order.

28. Where the court proposes to make an order or orders under this Explaining
Act and the respondent is before the court, the court shall before proposed order
to respondent.
making the order or orders explain to the respondent—

(a) the purpose, terms and effect of the proposed order or

orders;
(b) the consequences that may follow if the respondent
fails to comply with the terms of the proposed order or
orders; and
(c) the means by which the proposed order or orders may
be varied or revoked.

29. (1) A protection order may be made for such period as may be Duration of
specified by the court. protection
order.

(2) Where a protection order contains a prohibition of the kind

specified in section 6, the court may specify different periods, being
periods none of which exceeds the period during which the order
remains in force as the period for which each prohibition or condition
is to remain in force.

(3) Subject to subsection (4) an interim protection order shall

remain in force for such period not exceeding fourteen days as the
court shall specify in the order.

L.R.O. 3/1998
 LAWS OF GUYANA

22 Cap. 11:09 Domestic Violence

(4) Where the court adjourns the hearing of an application for a

protection order and an interim protection order is in force, the court
may extend the period for which an interim order is to remain in force
until the date fixed for the further hearing of the application.

(5) An interim protection order ceases to be in force-

(a) when a protection order is made on that application

and the respondent is present at the time the protection order
is made;
(b) when a protection order is made on that application
but the respondent is not present at the time the protection
order is made, when the protection order is served on the
respondent;
(c) when the application is dismissed.

Variation and 30. (1) Where a protection order or an interim protection order is in
revocation of force a party to the proceedings in which the order was made may apply
protection to the court in Form 5 in the Schedule for an order varying or revoking
order.
Form 5.
the order.

(2) On an application under subsection (1) the court may by

order vary or revoke the protection order or interim protection order.

(3) A copy of an application under this section shall be served

personally on each person who was a party to the proceedings in which
the original order was made.

(4) In determining whether to vary or revoke a protection order

the court shall have regard to the matters specified in section 7.

Form and 31. (1) Where a protection order or an interim protection order is
service of made or varied by the court, the clerk shall arrange for an order in the
protection prescribed form to be formally drawn up and filed in the court.
order.

(2) A copy of an order made under subsection (l) shall be served

by the applicant or his agent—

(a) personally on the respondent;

 LAWS OF GUYANA

Domestic Violence Cap11:09 23

(b) on any other person who was a party to the

proceedings; and
(c) on a police officer who is the officer in charge of a
police station in the district of the court in which the order
was made.

(3) In subsection (1), a reference to an order in the prescribed

form means—

(a) in the case of the making of a protection order or an

interim protection order, an order in Form 6 in the Schedule; Form 6.
(b) in the case of the varying of a protection order or an
interim protection order, an order in Form 7 in the Schedule. Form 7.

32. Where— Breach of

protection
order.
(a) a protection order or an interim protection order is
made and—

(i) the respondent was present at the time the protection

order or interim protection order was made; or
(ii) where the respondent was not present at the time the
protection order or interim protection order was made but
the order has been served personally on the respondent;
and

(b) the respondent contravenes the order in any respect,

the respondent commits an offence and is liable, on summary

conviction, to a fine not exceeding ten thousand dollars and to
imprisonment for a period not exceeding twelve months.

PART III

ARREST AND BAIL

33. (1) A police officer may without warrant enter any premises for Power to enter
the purpose of giving assistance to any one present thereon— premises.

L.R.O. 3/1998
 LAWS OF GUYANA

24 Cap. 11:09 Domestic Violence

(a) if he has reasonable grounds to suspect that a

protection order is being violated; or
(b) if upon the invitation of a person resident at the
premises he has reasonable grounds to suspect that a person
therein has suffered, or is in imminent danger of suffering,
physical injury at the hands of some other person therein.

(2) A police officer referred to in subsection (1) may without

warrant enter premises for the purpose of giving assistance to a person
on those premises whom that officer has reasonable grounds to suspect
is in imminent danger of suffering physical injury or has suffered
physical injury at the hands of another person.

Power of 34. Where a police officer believes on reasonable grounds that a

arrest. person has committed or is committing an offence under section 32, he
shall make an arrest without a warrant

Bail. 35. (1) Where the court is required to determine whether to grant
bail in respect of an offence under section 32 the court shall take into
account, inter alia—

(a) the need to secure the health,safety and well-being of

the person named in the protection order;
(b) the need to secure the health, safety and well-being of
any relevant child;
(c) any hardship that may be caused to the defendant or to
members of the family if bail is not granted;
(d) the defendant’s record with regard to the commission
of violent acts and whether there is evidence in the record of
physical or psychological abuse to children; and
(e) any other matters which may be relevant to the case in
question.

(2) Where bail has been granted to a defendant, the court may
direct that the defendant report at such times as are specified at a
specified police station.
 LAWS OF GUYANA

Domestic Violence Cap11:09 25

36. (1) Where the defendant is charged with an offence under Conditions of
section 32 the court, in granting bail, may also order that the bail.
recognisance be subject to such of the following further conditions as
the court considers appropriate—

(a) that the defendant not harass or molest, or cause

another person to harass or molest, a specified person
including the person named in the protection order or any
relevant child;
(b) that the defendant not be on the premises in which a
specified person including the person named in the
protection order or any relevant child resides or works;
(c) that the defendant not be in a locality in which are
situated the premises in which a specified person including
the person named in the protection order or any relevant
child reside or works;
(d) that the defendant not be on premises which are or in
a locality in which is situated the place of education of a
specified person including the person named in the
protection order or any relevant child;
(e) where the defendant continues to reside, work or
attend a place of education with a specified person including
the person named in the protection order or any relevant
child, that the defendant do not enter or remain in the place
of residence, employment, or education while under the
influence of alcohol or a drug.

(2) Where a police officer believes on reasonable grounds that

a person who has been admitted to bail subject to one or more of the
conditions set out in subsection (1) has failed to comply with a
condition of the recognisance, the police officer may apprehend the
person without a warrant

(3) Where—

(a) bail has been granted to a person upon a condition

imposed under subsection (1); and
(b) the person contravenes or fails to comply with the
condition,

L.R.O. 3/1998
 LAWS OF GUYANA

26 Cap. 11:09 Domestic Violence

the bail is thereupon forfeited and the accused is liable to be re-

arrested.

Issue of 37. Where a Magistrate is satisfied by information on oath that—

warrant.
(a) there are reasonable grounds to suspect that a person
on premises has suffered, or is in imminent danger of
physical injury at the hands of another person and needs
assistance to prevent or deal with the injury; and
(b) a police officer has been refused permission to enter
the premises for the purpose of giving assistance to the first
mentioned person,

the Magistrate may issue a warrant in writing authorising a police

officer to enter the premises specified in the warrant at any time after
the issue of the warrant and subject to any conditions specified in the
warrant, to take such action as is necessary to prevent the commission
or repetition of the offence or a breach of the peace or to protect life or
property.

Criminal 38. Where a person has been charged with a domestic violence
proceedings offence and an application for a protection order is before the court, the
may be court may exercise its power to grant the order, notwithstanding that
concurrent.
the offence for which the person has been charged and the application
for the protection order arise out of the same conduct.

PART IV

MISCELLANEOUS

Jurisdiction. 39. Nothing in this Act shall be construed as removing any

jurisdiction which the Supreme Court may have in respect of the
matters referred to under this Act.

Appeals. 40. (1) An appeal from any order or judgment of the court made or
given under this Act shall lie to the Full Court and the appeal shall be
c. 3:04 regulated in all respects by the Summary Jurisdiction (Appeals) Act.
 LAWS OF GUYANA

Domestic Violence Cap11:09 27

(2) Except where the court which makes an order under this
Act otherwise directs, the operation of such order shall not be
suspended by virtue of an appeal under this section, and every such
order may be enforced in the same manner and in all respects as if no
appeal were pending.

41. Rules of Court may be made for the purpose of regulating the Rules of
practice and procedure of the court in proceedings under this Act Court.
providing for such matters as are necessary for giving full effect to the
provisions of this Act and for the due administration thereof.

42. Whenever a police officer intervenes in a case of domestic Assistance to

violence the police officer shall as soon as possible take all reasonable victims of
domestic
measures within his power to prevent the victim of domestic violence
violence.
from being abused again and shall also take the following steps -

(a) where a victim indicates that he has suffered injuries

which require medical assistance the police officer shall
assist the victim to obtain medical treatment as soon as
possible;
(b) where a victim of domestic violence expresses
concern for his safety, the police officer shall assist the
victim in getting to a place of safety;
(c) where a victim of domestic violence requests it, a
police officer shall protect a victim by accompanying the
victim when he takes his personal belongings from a place
where the respondent may reside;
(d) advise the victim of domestic violence on the
importance of preserving the evidence; and
(e) inform the victim as to his rights and services which
may be available to assist him, be they government or
private services.

43. (1) Where a police officer intervenes in an incident of domestic Preparation of

violence, he shall prepare a written report which shall contain the reports.
allegations of the persons involved, the witnesses, the type of
investigation conducted and how the incident was resolved.

L.R.O. 3/1998
 LAWS OF GUYANA

28 Cap. 11:09 Domestic Violence

(2) The police officer in charge of every police station in

Guyana shall ensure that all records of domestic violence cases are
properly compiled so as to facilitate easy reference to data.

(3) The police officer in charge of every police station in

Guyana shall ensure that confidentiality is maintained with respect to
the identity of persons involved in all cases of domestic violence and
that interviews are carried out in an area of the police station which
provides the utmost privacy.

Role of the 44. (1) The Director of Human Services in the Ministry of Labour,
Director of Human Services and Social Security shall be responsible for—
Human
Services in
alleviating
(a) promoting and developing educational programmes
domestic for the prevention of domestic violence;
violence and (b) studying, investigating and publishing reports on the
abuse. domestic violence problem in Guyana, its manifestations
and scope; the consequences and the options for confronting
and eradicating it in conjunction with the Police Force and
other agencies and organisations;
(c) identifying groups and sectors in society in which
domestic abuse is manifested and educating these groups
and sectors making them aware of the skills required to
combat domestic violence;
(d) creating an awareness among society with regard to
the needs of victims of domestic violence and their families;
(e) developing strategies to encourage changes in the
policies and procedures in government agencies in order to
improve their response to the needs of the victims of
domestic violence;
(f) establishing and encouraging the establishment of
programmes on information, support and counselling
services for victims of domestic violence;
(g) encouraging programmes of services for boys and
girls who come from homes where there is abuse and
violence;
(h) providing training and orientation services for police
officers and persons who assist in the treatment and
counselling of victims of domestic violence and abuse; and
 LAWS OF GUYANA

Domestic Violence Cap11:09 29

(i)analysing and carrying out studies on the need for

education and retraining for persons who engage in conduct
that constitutes domestic violence and abuse and for their
rehabilitation.

(2) In carrying out his responsibilities the Director of Human

Services may collaborate with such governmental, non-governmental
and intergovernmental organisations as he thinks fit.

45. Nothing in this Act shall be deemed to have altered any right to Ownership of
ownership of property. property.

46. (1) The rights conferred on any person in respect of any Protection of
property by an order made under this Act shall be subject to the rights mortgagee.
of any other person entitled to the benefit of any mortgage, security,
charge or encumbrance affecting the property if such mortgage,
security, charge or encumbrance was registered before the order was
registered or if the rights of that other person entitled to that benefit
arise under an instrument executed before the date of the making of the
order.

(2) Notwithstanding anything in any enactment or in any

instrument, no money payable under any such mortgage, security,
charge or encumbrance shall be called up or become due by reason of
the making of an order under this Act.

47. The Minister may make regulations for carrying out the Regulations.
provisions of this Act and for prescribing anything that needs to be
prescribed.

48. The Minister may by order amend any of the Forms in the Amendment of
Schedule. Forms.

L.R.O. 3/1998
 LAWS OF GUYANA

30 Cap. 11:09 Domestic Violence

SCHEDULE

FORM 1
s. 5(4)
UNDERTAKING

IN THE MAGISTERIAL DISTRICT MAGISTRATE’S COURT

An application having been made by .....................................(name of

applicant) under section 5 of the Domestic Violence Act, for a
Protection Order/Interim Protection Order to be made by the
Magistrate of the district against ..............................................(name
of respondent) of ..................................................................(address
of respondent) Now I hereby undertake to refrain from
..........................................................................................................
(specify details of conduct to be refrained from).
Dated the .....................day of ..............................199
.................................
Respondent
..............Magistrate......................Magisterial District

FORM 2
s. 17
APPLICATION FOR PROTECTION ORDER/INTERIM
PROTECTION ORDER

IN THE MAGISTERIAL DISTRICT MAGISTRATE’S COURT

I .................................................................. (name of applicant) of

................................................................................. (address) hereby
apply under section 5 of the Domestic Violence Act, for a Protection
Order/Interim Protection Order to be made by the Magistrate of the
district against the ........................................ (name of respondent)
who is .................................... (specify relationship to the named
respondent) and who resides at ..........................................
............................................................(specify address of respondent)
in respect of the following conduct—
 LAWS OF GUYANA

Domestic Violence Cap11:09 31

............................................................................(specify details of
alleged conduct)
....................................
Applicant
Dated the .........................day of ................................199

FORM 3
s. 21(1)
NOTICE OF PROCEEDINGS

IN THE MAGISTERIAL DISTRICT MAGISTRATE’S COURT

Between

Applicant
VS

Respondent
To the Respondent

An application under section 5 of the Domestic Violence Act for a

Protection Order/Interim Protection Order has been made by
......................................................(name of applicant) against you.
A copy of the application is attached. The application has been set
down for hearing on ..............(date) 19.......... at ...................(time) at
..................................................(place).
If you do not appear in person at the hearing of the application, the
Court may-
(a) deal with the application in your absence; or
(b) issue a warrant for your arrest to be brought before the Court.
.......................................................
Clerk of the court of the District
Dated the ..................day of ...............................199

L.R.O. 3/1998
 LAWS OF GUYANA

32 Cap. 11:09 Domestic Violence

FORM 4
s. 21(4)
AFFIDAVIT FOR USE IN PROVING SERVICE OF PROCESS

No.......................................
Return of service of process under the Domestic Violence Act, for the
........................................Court

Name of Name of Document Date of Place of Mode of

Applicant Respondent Served Service Service Service

I do swear that the above Return of Service is true and in accordance

with the facts of such Service.
.........................................
(Deponent)

Sworn before me at )
this day of 199 )
.........................................................
Commissioner of Oaths
 LAWS OF GUYANA

Domestic Violence Cap11:09 33

FORM 5
s. 30
APPLICATION FOR VARIATION OR REVOCATION OF
PROTECTION ORDER OR INTERIM PROTECTION ORDER

IN THE MAGISTERIAL DISTRICT MAGISTRATE’S COURT

Between
Applicant
VS
Respondent
I .............................................................. (name of applicant) hereby
apply for a variation/revocation of the Order made against
.............................................................(name of person against whom
the Order was made) on ........................................by the
............................................ Court (a copy of which is attached to the
said application) in respect of certain conduct or threatened conduct
towards ............................................. (name of person who is protected
by the Order).
There have been no previous proceedings in any court in respect of the
said order and I now ask for a revocation or variation of that order to be
made.
.............................................................................................. (specify
details of variation)
..........................................
Applicant
Dated the .................day of ....................................199

FORM 6
s. 31(3)(a)
PROTECTION ORDER or
INTERIM PROTECTION ORDER

IN THE MAGISTERIAL DISTRICT

MAGISTRATE’S COURT

Between
Applicant
VS
Respondent

L.R.O. 3/1998
 LAWS OF GUYANA

34 Cap. 11:09 Domestic Violence

The Court having heard an application by

......................................................(name of applicant) under the
Domestic Violence Act in respect of the conduct (or threatened
conduct) of .................................... (name of respondent) towards
.....................................................(name of person to be protected).
Now this court orders that for ................................................(period)
1.................................................(name of respondent) not engage in
the following conduct—
........................................................................................................................(specify
conduct).

2. ...............................................(name of respondent) comply with

the following prohibitions and conditions—
.........................................................................................................(specify
the prohibitions and conditions and any other period or periods for
which they are imposed).
Signed this ..................day of....................................199
............. Magistrate ...................Magisterial District

FORM 7 s. 31(3)(b)

ORDER VARYING PROTECTION ORDER or INTERIM

PROTECTION ORDER

IN THE MAGISTERIAL DISTRICT MAGISTRATE’S COURT

Between
Applicant
VS
Respondent

The court having heard an application by

.......................................................(name of applicant) under the
Domestic Violence Act 1996 in respect of the conduct (or threatened
conduct) of .................................. (name of respondent) towards
..................................................... (name of person to be protected) and
having on ................................... (date of original order) ordered that
for ........................................................ (period)
 LAWS OF GUYANA

Domestic Violence Cap11:09 35

1.................................................(name of respondent) not engage in

the following conduct—
........................................................................................................................(specify
conduct).

2. ...............................................(name of respondent) comply with

the following prohibitions and conditions—
.........................................................................................................(specify
the prohibitions and conditions and any other period or periods for
which they are imposed).
Now the court on the application of ................................................(name
of applicant) this day orders that the Protection Order (or Interim
Protection Order) be varied as follows—
............................................................................................ (specify
details of variation.)
Signed this ................ day of ..........................199............
..................Magistrate................Magistrate District.

______________

L.R.O. 3/1998