act no. 18 of 2020 - parliament of trinidad and tobago · 2020. 7. 7. · trinidad and tobago ......

BILLAN ACT to amend the Domestic Violence Act, Chap.45:56 to provide for emergency protection ordersand for related matters

[Assented to 3rd July, 2020]

1. This Act may be cited as the Domestic Violence(Amendment) Act, 2020.

2. In this Act, “the Act” means the Domestic ViolenceAct.

3. Section 3 of the Act is amended—

Short title

Section 3 amended

Interpretation Chap. 45:56

Fifth Session Eleventh Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 18 of 2020

[L.S.]

Legal Supplement Part A to the “Trinidad and Tobago Gazette”, Vol. 59,No. 116, 6th July, 2020

(a) by renumbering the section as subsection (1);(b) by inserting the following definitions in theappropriate alphabetical sequence:

“ “adoption order” has the meaningassigned to it under section 2 ofthe Adoption of Children Act;

“adult” means a person who iseighteen years of age and over;

“Care Order” means an order madeunder section 25C of theChildren’s Authority Act;

“Children Court” has the meaningassigned to it under section 3(1)of the Family and ChildrenDivision Act, 2016 (Act No. 6 of2016);

“Children’s Attorney” has the mean-ing assigned to it under section 3of the Children Act;

“Children’s Home” has the meaningassigned to it under section 2 ofthe Children’s CommunityResidences, Foster Care andNurseries Act;

“dating relationship” means arelationship where the parties donot live together in the samehousehold, but may be engagedin romantic, intimate or sexualrelations;

“domestic relationship” means therelationship between a respondentand a person, where the person—

(a) is, in relation to the respondent—(i) a spouse or formerspouse;

536 No. 18 Domestic Violence (Amendment) 2020

(ii) a cohabitant or formercohabitant;

(iii) a child;(iv) a dependant;(v) a relative;(vi) a person who has

agreed to marry therespondent whetheror not that agreementhas been terminated;

(b) is or was, in relation to therespondent—(i) a person in a visitingrelationship; or

(ii) a person in a datingrelationship;

(c) would be a relative of therespondent, related bymarriage, if the respondentand a person referred toin paragraph (a)(ii) weremarried to each other;

(d) is a member of the samehousehold as the respondentor the applicant;

(e) has a child in common withthe respondent; or

(f) is an adult in a residentialinstitution and the respondentis—(i) an owner or, amanager or employeeof the institution; or

(ii) a volunteer or aperson engaged in

No. 18 Domestic Violence (Amendment) 2020 537

employment at theinstitution;

“Family Court” has the meaningassigned to it by section 3(1) of theFamily and Children Division Act,2016;

“Register” means the NationalDomestic Violence Registerestablished under section 21(1);

“relative”, in relation to a person,means any of the following whois related to the person byconsanguinity, affinity or adoption:

(a) father, mother, grandfather,grandmother, stepfather,stepmother, father-in-law ormother-in-law;

(b) a son, daughter, grandson,granddaughter, stepson, step-daughter, son-in-law ordaughter-in-law;

(c) a brother, sister, half-brother,half-sister, stepbrother, step-sister, brother-in-law orsister-in-law;

(d) an uncle, aunt, uncle-in-lawor aunt-in-law;

(e) a nephew or niece; or(f) cousin;

“representative”, in relation to adependant or an adult in a residentialinstitution, means—

(a) an Attorney-at-law; or(b) a person appointed by theCourt;


“residential institution” means premises,other than a hospital or othermedical institution, used for thepurpose of caring for and housing ofadults, including persons withmental or physical disabilities andelderly persons;

“responsibility” has the meaningassigned to it under section 3 of theChildren Act;

“social worker” means a public officerexperienced or qualified in socialwork or a person experienced orqualified in social work andemployed on contract by the State;

“Wardship Order” means an ordermade under section 35 of theFamily Law (Guardianship ofMinors, Domicile and Maintenance)Act”;

(c) by deleting the definition of “applicant” andsubstituting the following definition:

“ “applicant” means a person—(a) who applies on his ownbehalf;

(b) on whose behalf an applica-tion is made; or

(c) who applies through anotherperson,

for a Protection Order under section 4;”;(d) by deleting the definition of “child” and substituting the following definition:

“ “child” means a person under the age ofeighteen years who is not or has notbeen married and—


(a) who is in a relationship ofconsanguinity or affinitywith—(i) the applicant;(ii) the respondent;(iii) a spouse or former

spouse of the respondent;(iv) a cohabitant or former

cohabitant of therespondent; or

(v) a relative of therespondent;

(b) who is in relation to a personreferred to in paragraph (a)(i)to (iv) —(i) an adopted child;(ii) the subject of an adop-tion order and who isin the care and controlof the person seekingthe adoption order;

(iii) a foster child or hasbeen a foster child;

(iv) the subject of a FitPerson Order; or

(v) treated as a child ofthe family;

(c) in relation to whom a personreferred to in paragraph (a)(i)to (iv) is his guardian;

(d) for whom a person referred toin paragraph (a)(i) to (iv) hasresponsibility;

(e) who ordinarily or periodicallyresides or resided with a


person referred to in para-graph (a)(i) to (iv);

(f) who would be in a relation-ship of affinity with therespondent if the respondentand a person referred to inparagraph (a)(iv) were able tobe married;

(g) in respect of whom a CareOrder or a Wardship Orderhas been made; or

(h) who resides in a Children’sHome, where the respondentis a Manager or employee of,engaged in employment at, ora volunteer at, the Children’sHome;”;

(e) in the definition of “Clerk”, by deleting afterthe word “means”, the words “the Clerk orDeputy Clerk of the Court” and substitutingthe words “the Registrar of the SupremeCourt, Deputy Registrar of the Supreme Court,Assistant Registrar of the Supreme Court,Senior Magistracy Registrar and Clerk of theCourt or Magistracy Registrar and Clerk of theCourt;”;

(f) in the definition of “cohabitant”—(i) by deleting after the words “a personwho”, the words “has lived with or”;and

(ii) by inserting after the words “that person”, the words “and “formercohabitant” shall be construed accordingly;”;

(g) in the definition of “Court”, by inserting afterthe word “means”, the words “the High Courtor”;


(h) by deleting the definition of “dependant” andsubstituting the following definition:

“ “dependant”, in relation to a respondent,means an adult—

(a) who, by reason of physical ormental disability, age orinfirmity; or

(b) under the age of twenty-fiveyears who is receiving education at an educationalinstitution or undergoingtraining for a trade, profession or vocation andwho,

is reliant for his welfare on eitherthe respondent or a person withwhom the respondent is in adomestic relationship;

(i) in the definition of “domestic violence”, bydeleting all the words after the words “committed by” and substituting the words “a respondent against a person who is in a domestic relationship with the respondent;”;

(j) by deleting the definition of “emotional or psychological abuse” and substituting the following definition:

“ “emotional or psychological abuse”means—

(a) any act, omission or a patternof behaviour of any kind, thepurpose of which is to under-mine the emotional or mentalwell-being of a person whois in a domestic relationshipwith the respondent including—(i) intimidation by theuse of abusive orthreatening language;


(ii) giving offensive mate-rial to that person orleaving it where it willbe found by, orbrought to the atten-tion of the person;

(iii) following the personfrom place to place;

(iv) depriving that personof the use of hisproperty;

(v) the surveilling,watching or besetting,by any means, of theperson or of theplace where the person resides,works, carries onbusiness or happensto be;

(vi) interfering with ordamaging the propertyof the person;

(vii) the forced confine-ment of the person;

(viii) making unwelcome orintimidatory contactwith the person byany means, includingin person, verbally orby gesture, letter,telephone or electronicmeans;

(ix) disseminating intimateimages of the


applicant or a childof the applicantelectronically or by anyother means;

(x) making unwelcome orintimidatory contactwith or acting in anymanner described insubparagraphs (i) to(v) towards—

(A) a child ordependantof the person;

(B) a spouse orf o r m e rspouse ofthe person;

(C) a cohabitantor formercohabitantof the person;

(D) a relative ofthe person;

(E) a personwho is in avisiting ordating rela-t i o n s h i pwith theperson; or

(F) a personwho is in aclose rela-t i o n s h i pwith theperson,


by any means, includingin person, verbally orby gesture, letter,telephone or electronicmeans;

(xi) preventing a personfrom making or keep-ing connection withhis family or friends;

(xii) any other controlling,threatening, intimi-dating or coercivebehaviour towardsthe person or hischild or dependant;

(xiii) behaviour referred toin subsection (2); or

(b) any act or omission orthreatened act or omissionthat causes the person to fearfor his safety or the safety of achild or dependant;”;

(k) by deleting the definition of “guardian” andsubstituting the following definition:

“ “guardian”, in relation to a child,includes—

(a) a person appointed to be hisguardian by deed or will, or byorder of a court of competentjurisdiction;

(b) a person who has custody ofthat child within the meaningof the Family Law(Guardianship of Minors,Domicile and Maintenance)Act; and

(c) any person who, in theopinion of a Court, has


responsibility for thechild;”;

(l) by deleting the definition of “member of house-hold” and substituting the following definition:

“ “member of the same household”, inrelation to an applicant or arespondent, means a person whoordinarily or periodically resides inthe same dwelling house as theapplicant or respondent and—

(a) is related to the applicant orrespondent by consanguinity,affinity or adoption;

(b) is or has been the subject of—(i) an order under section9 or 13 of the FamilyLaw (Guardianship ofMinors, Domicile andMaintenance) Act; or

(ii) a Fit Person Order ora Foster Care Orderunder section 25 of theChildren’s AuthorityAct; or

(c) is or has been treated like achild of the family;”;

(m) in the definition of “Minister”, by deleting afterthe words “responsibility for”, the words“Social Development and Family Services” andsubstituting the words “gender affairs”;

(n) in the definition of “parent”, by deleting afterthe words “child,”, the word “dependent” andsubstituting the word “dependant”;

(o) in the definition of “sexual abuse”—


(a) by deleting after the words “includessexual”, the word “contact” andsubstituting the word “conduct”; and

(b) by inserting after the words “SexualOffences Act”, the words “or theChildren Act”;

(p) by deleting the definition of “spouse” and substituting the following definition:

“ “spouse” means a party to a marriageand “former spouse” shall be construed accordingly;”; and

(q) by inserting after subsection (1), as inserted, the following subsections:

“(2) Subject to subsection (3), a person emotionally or psycho-logically abuses a child if that person—

(a) causes or allows thechild to see or hear, orexperience the effects of;or

(b) puts the child, or allowsthe child to be put, atreal risk of seeing, hearing or experiencingthe effects of,

the physical or sexual abuse of, orany behaviour described in subparagraphs (i) to (xi) of the definition of “emotional or psycho-logical abuse” in subsection (1) inrelation to, a person with whomthe child has a domestic relation-ship.(3) The person who suffers that

abuse shall not be regarded, forthe purposes of this subsection, as


having caused or allowed thechild to see, hear or experiencethe effects of the abuse, or, as thecase may be, as having put thechild, or allowed the child to beput, at risk of seeing, hearing orexperiencing the effects of theabuse.”.

4. Section 4 of the Act is repealed and substituted asfollows:

“4. (1) An application for a ProtectionOrder may be made by a person in adomestic relationship with the respondent,on the ground that the respondent engagedin domestic violence against that person.

(2) A child who is under the age ofsixteen years shall apply for a ProtectionOrder through—

(a) a parent, a guardian, a person with responsibilityfor the child or a person whois in loco parentis to thechild;

(b) an adult member of hishousehold; or

(c) the Children’s Authority.(3) A child who is sixteen years of

age or over may apply for a ProtectionOrder on his own behalf or through aperson referred to in subsection (2).

(4) Notwithstanding subsection (3),the Court may, on the application of a childon his own behalf under subsection (3),make an order requiring the child toconduct proceedings through a personreferred to in subsection (2)(a) or (b).

Section 4 repealedand substituted


(5) An adult in a residential institution,or a dependant may apply for a ProtectionOrder on his own behalf.

(6) Notwithstanding subsection (5)—(a) a spouse or former spouse; (b) a cohabitant or formercohabitant;

(c) an adult member of hishousehold;

(d) a relative; or(e) a representative,

may apply for a Protection Order on behalfof an adult in a residential institution or adependant.

(7) Notwithstanding subsections (2),(3) and (6)—

(a) a police officer;(b) a probation officer;(c) a social worker;(d) the Children’s Authority; or(e) a person who, in the opinionof the Court, is acting in theinterest of the child,

may apply for a Protection Order on behalfof any person referred to in subsection (1).

(8) Notwithstanding subsection (7),where a police officer, probation officer orsocial worker has reason to believe that achild has suffered or is in imminent dangerof physical injury at the hands of anotherperson in a situation amounting to domesticviolence, he shall forthwith apply for aProtection Order on behalf of the child.

(9) Where, during any proceedings,the Court becomes aware that a child hassuffered, is suffering or is likely to suffer


from domestic violence, the Court mayissue a Protection Order in respect of thatchild.”.

5. Section 5 of the Act is amended—(a) in subsection (1)—

(i) by deleting after the words “theCourt”, the word “determines” andsubstituting the words “is satisfied”;

(ii) by inserting after the words “probabilities, that”, the words “aperson has engaged, is engaging oris likely to engage, in conduct thatconstitutes”; and

(iii) by deleting after the words “domestic violence”, the words “hasoccurred, it” and substituting thewords “, the Court”; and

(b) by inserting after subsection (2), the followingsubsection:

“(3) A Court shall not refuse togrant an Interim Order orProtection Order on the basis onlythat a single act or omission or asingle threat has been made bythe respondent.”.


(i) in paragraph (a), by deleting sub-paragraph (vii) and substituting thefollowing subparagraphs:

“(vii) approaching a namedperson who is in adomestic relationshipwith the applicant orthe respondent;

Section 6 amended

Section 5 amended


(viii) causing or encouraginganother person toengage in conductreferred to in para-graphs (i) to (vii); or

(ix) any other prohibitionthat the Courtthinks fit; and”; and

(ii) by repealing paragraph (b); (iii) by renumbering paragraph (c) as

paragraph (b);(iv) in paragraph (b), as renumbered—

(A) in subparagraph (vi), bydeleting after the words“in respect of”, the words“rent or mortgage payment”and substituting thewords “rent, mortgage orutilities”;

(B) in subparagraph (vii), byinserting after the words“person;”, the word “or”;and

(C) in subparagraph (viii)—(I) by deletingbefore the word“receive”, the word“both” and substi-tuting the word“child”;

(II) by deleting thefull stop after theword “writing”,and substitutingthe words “; and”;and


(v) by inserting after paragraph (b),as renumbered, the following para-graph:

“(c) direct that the applicantimmediately occupy anyplace or residence, whetheror not the residence isjointly owned or leasedby the respondent andthe applicant, or solelyowned or leased by therespondent or the applicant.”;

(b) by inserting after subsection (1), thefollowing subsection:

“(1A) The Court may—(a) refuse the respondentcontact with anychild, if it is shownthat such contact is not in the bestinterest of the child;or

(b) order structured contactbetween the respon-dent and a child.”;

(c) in subsection (3), by deleting after the word“subsection”, the words “(1)(c)(viii)” and substituting the words “(1)(b)(viii)”;

(d) in subsection (4), by deleting after the word“subsection”, the words “(1)(c)(ii)” and substituting the words “(1)(b)(ii)”; and

(e) in subsection (5), by deleting after the word“award”, the words “compensation notexceeding fifteen thousand dollars” andsubstituting the words “such compensationas the Court thinks fit”.


7. The Act is amended by inserting after section 6,the following section:

6A. A Protection Order granted to anapplicant shall apply to a child of theapplicant or the respondent, unless theCourt orders otherwise.”.

8. The Act is amended in section 7—(a) by renumbering the section as subsection (1);(b) in subsection (1)(g), as renumbered, bydeleting all the words from the word “the”,inclusive, and substituting the words“where applicable, any risk assessmentordered under subsection (2);”; and

(c) by inserting after subsection (1), as renumbered, the following subsection:

“(2) Without prejudice to thepower of the Court to grant anInterim Order or a ProtectionOrder on the basis only that a single act or omission or a singlethreat has been made by therespondent, the Court may, for thepurposes of determining whetheror not to grant a Protection Orderor to impose one or more of the prohibitions or directions specifiedunder section 6, order a police orsocial worker to submit such riskassessment as may be prescribedby regulations.”.

9. Section 8 of the Act is amended—(a) in subsection (1), by deleting all the wordsafter the words “proceedings,” and substituting the following:

“—(a) if it appears necessary orappropriate to do so in order

Section 8 amended

Section 7 amended

Section 6A amended

“ProtectionOrder to applyto child


to ensure the safety and protection of the applicant;or

(b) where, at the second hearingof the application, anadjournment is required—

(i) by the Court; or(ii) on account of—

(A) the failure toeffect serviceon the respon-dent or anyother party; or

(B) any act oromission bythe respondent.”;

(b) in subsection (3), by deleting all the wordsafter the word “Order” and substituting thefollowing:

“shall remain in force until—(a) it is revoked;(b) the application for aProtection Order is with-drawn or dismissed; or

(c) a Protection Order ismade.”; and

(c) in subsection (5)—(i) in the chapeau, by deleting beforethe words “an Interim Order”, theword “Where” and substituting thewords “Subject to section 19A,where”; and

(ii) by repealing paragraph (a).10. Section 9(1) of the Act is amended by inserting

after the word “before”, the words “, during or after”.Section 9 amended


11. Section 10 of the Act is amended—(a) in subsection (1), by deleting after thewords “shall be”, the words “made on theprescribed form, being “Form 1”” and substituting the words “in the form set outas “Form 1””;

(b) by inserting after subsection (1), the following subsections:

“(1A) An application referred to insubsection (1) may be accompaniedby evidence given on affidavit in theform set out as “Form 1A” in theSecond Schedule.(1B) It is not necessary to call

a person who made an affidavitpursuant to subsection (1A), to giveevidence unless a party to theproceedings or the Court so requires.”;

(c) in subsection (2), by inserting after theword “proceedings”, the words “in a Courtof Summary Jurisdiction”; and

(d) by deleting subsection (4) and substitutingthe following subsections:

“(4) Where an application is madeon behalf of a child—

(a) a parent of the child;(b) a guardian of the child;(c) a person with responsi-bility for the child; or

(d) a person who is in locoparentis to the child,

is entitled to be a party to the proceedings.(4A) Where an application is

made on behalf of a dependant—

Section 10 amended


(a) a parent of the dependant;(b) a guardian of the dependant;(c) a person with whomthe dependant normallyresides; or

(d) a person with whom thedependant resides on aregular basis,

is entitled to be a party to the proceedings.”.

12. Section 11 of the Act is amended—(a) by renumbering the section as sub-section (1);

(b) in subsection (1), as renumbered, by deleting before the word “Clerk”, the word“The” and substituting the words “Subjectto subsection (2), the”; and

(c) by inserting after subsection (1), as renumbered, the following subsection (2):

“(2) Where the Court makes anorder for substituted service undersection 12(1C), the Clerk shall fix a date for the hearing of the applica-tion which shall be no more thantwenty-one days after the date onwhich the application is filed.”.

13. Section 12 of the Act is amended—(a) by repealing subsection (1) and substitutingthe following subsections:

“(1) The Court shall cause a copyof an application for a ProtectionOrder, together with the notice of thedate on which, and the time and

Section 12 amended

Section 11 amended


place at which, the application is tobe heard, to be served personally onthe respondent.(1A) The Court shall not requirean application for a Protection Orderor notice of the date on which, andthe time and place at which, anapplication for a Protection Order isto be heard, to be served on therespondent by the applicant orthrough an agent of the applicant.(1B) Where the Court directs orotherwise causes a person to servedocuments referred to in sub-section (1), the Court shall—

(a) where the person is nota police officer, providethe person with copies ofthe documents; or

(b) where the person is apolice officer, providethe officer in charge ofthe police station towhich the police officeris assigned, with copiesof the documents,

and direct the person to serve thedocuments within five days of hisreceipt of the documents.(1C) Where a person who isrequired to serve documents pursuant to subsection (1B) is unableor otherwise fails to effect service on the respondent, within five days after his receipt of those documents—


(a) he shall, within twodays, file a notice in theform set out as “Form1B” in the SecondSchedule informing theClerk of his failure toeffect service;

(b) the Clerk shall immedi-ately bring the notice tothe attention of a Judgeor Magistrate; and

(c) the Judge or Magistrateshall make an order forsubstituted service.”;

(b) in subsection (2), by deleting after the word“proceedings”, the words “shall be issued onthe form described” and substituting thewords “under subsections (1) or (3), shall bein the form set out”;

(c) in subsection (3), by deleting all the words after the words “served on –” andsubstituting the following:

“(a) a parent or guardian of, a personwith responsibility for, or a person who is in loco parentis to,the child; or

(b) a parent or guardian of thedependant, or a person withwhom the dependant normallyresides or resides with on a regular basis,

and subject to subsection (1A), the Courtmay cause service to be effected by theapplicant or through an agent of the appli-cant, or by such other person as the Courtmay direct.”;

(d) in subsection (4)—


(i) by deleting after the word “served”,the words “under the SummaryCourts Act”; and

(ii) by deleting all the words after theword “application”; and

(e) in subsection (5)—(i) by deleting before the words “noticeof proceedings”, the word “A” andsubstituting the words “Subject tosubsection (1A), a”; and

(ii) by deleting after the words “affi-davit in”, the words “in accordancewith the prescribed form,described” and substituting thewords “the form set out”.

14. Section 14 of the Act is amended in paragraph (a),by deleting after the word “application”, the words “; or”and substituting the words “, unless the application isaccompanied by evidence on affidavit in accordance withsection 10(1A);”.

15. Section 16 of the Act is amended—(a) by renumbering the section as subsection (1);(b) in paragraph (a)—

(i) by deleting before the words “shallarrange”, the word “clerk” and substituting the word “Clerk”; and

(ii) by deleting after the words “drawnup”, the words “on the prescribedform, described” and substitutingthe words “in the form set out”;

(c) in paragraph (b)—(i) in the chapeau, by deleting afterthe word “shall”, the words “cause acopy of the Order to be served on” and substituting the words “, subject to subsection (2), direct or

Section 14 amended

Section 16 amended


otherwise cause a person to serve acopy of the Order on”;

(ii) in subparagraph (ii), by deletingafter the word “proceedings;”, theword “and”;

(iii) in subparagraph (iii), by deletingafter the word “respondent”, thewords “or applicant resides.” andsubstituting the words “resides;”;and

(iv) by inserting after subparagraph (iii),the following subparagraphs:

“(iv) on the police officer incharge of the station inthe area where theapplicant resides, if theapplicant does notreside in the areareferred to in subpara-graph (iii);

(v) the police officer incharge of the station inthe area nearest towhere the applicantworks, if different fromwhere he lives; and

(vi) the police officer incharge of the station inthe area where anychild is attendingschool.”;

(d) in repealing paragraph (c);(e) by inserting after subsection (1), as renumbered, the following subsections:

“(2) The Court shall not requirean Order to be served on the


respondent by the applicant orthrough an agent of the applicant.(3) Where the Court directs or

otherwise causes a person to servean Order pursuant to subsection (1),the Court shall direct the person toserve the Order within three days.(4) Where a person who is

required to serve an Order pursuantto subsection (1) is unable or other-wise fails to effect service on therespondent within the period specified in subsection (3)—

(a) he shall, within two days,file a notice in the form setout as “Form 1B” in theSecond Schedule, informingthe Clerk of his failure toeffect service;

(b) the Clerk shall immediatelybring the notice to theattention of a Judge orMagistrate; and

(c) the Judge or Magistrateshall make an order forsubstituted service.”.

16. The Act is amended in section 17(1)—(a) by deleting after the words “to serve noticeof proceedings or”, the word “the” and substituting the words “of the ProtectionOrder or the Interim”;

(b) by deleting after the words “may make an”,the word “Order” and substituting the word“order”; and

(c) by inserting after the words “service of the

Section 17 amended


notice of proceedings or”, the words “of theProtection Order or the Interim”.

17. Section 19 of the Act is amended—(a) in subsection (1), by deleting after the word“Court”, the words “on the form described”and substituting the words “in the form setout”; and

(b) in subsection (2), by inserting after thewords “Order,”, the words “in the form setout as “Form 6” in the Second Schedule,”.

18. The Act is amended by inserting after section 19,the following Part:

“Part IVA Emergency Protection Orders”.19. The Act is amended by inserting after the new

Part IVA, as inserted, the following section:19A. (1) Notwithstanding section 10(1),where a Court is not sitting or it is notpracticable for the applicant to accessthe Court under section 8,

(a) a police officer of or abovethe rank of AssistantSuperintendent; or

(b) where the applicationrelates to a child, theChildren’s Authority,

may, on behalf of the applicant, make anemergency application to a Master orJudge of the Family Court or ChildrenCourt for a Protection Order where theapplicant is in a domestic relationshipwith the respondent and has suffered, or is in imminent danger of, seriousphysical injury at the hands of therespondent.

Section 19 amended

Part IVA inserted

Section 19A inserted

“Emergencyapplication


(2) An emergency applicationunder subsection (1) may be made bytelephone, video conference or otherappropriate electronic means.

(3) Where a Judge or Master ofthe Family Court or Children Court is satisfied that the urgency of the circumstances referred to in subsection (1)so requires, he may—

(a) dispense with the requirementfor an application for aProtection Order undersection 10(1) and proceedto hear the emergencyapplication; and

(b) grant an Interim Order inaccordance with section 8.

(4) Where a Judge or Mastergrants an Interim Order under sub-section (3), he shall order the police officer to cause—

(a) the application for theProtection Order to befiled in such Court as theJudge or Master maydirect, in a period of withinforty-eight hours of themaking of the InterimOrder or on the date of thenext sitting of the Courtafter the expiration of thatperiod; and

(b) the Interim Order beserved on the respondent,forthwith.


(5) The Court referred to in sub-section (4) shall summon the applicantand the respondent to appear for thehearing of the matter as soon as possibleafter the filing of the application for theProtection Order.”.

19A. The Act is amended in section 20—(a) in subsection (1)(b)—

(i) in subparagraph (i), by deleting all the words after the word “fine”and substituting the words “of fifty thousand dollars and toimprisonment for one year”;

(ii) in subparagraph (ii), by deleting all the words after the word “fine” and substituting the words “of one hundred and fifty thousanddollars and to imprisonment forthree years”; and

(iii) in subparagraph (iii), by deleting allthe words after the words “to a”and substituting the words “fine oftwo hundred and fifty thousanddollars and to imprisonment forfive years”; and

(b) in subsection (2)—(i) by deleting the words “sub-section (1)(c)(viii)” and substitutingthe words “section 6(1)(c)(viii)”; and

(ii) by deleting the words “not exceedingthree” and substituting the words “ofsix”.

Section 20 amended



20A. (1) Notwithstanding sections 4and 10, where a Court convicts a personof a serious criminal offence, the Courtmay, where the victim is in a domesticrelationship with the convicted personand with the consent of the victim—

(a) make a Protection Orderagainst the convicted person for the protection ofthe victim; or

(b) where a Protection Orderis, at the time of the proceedings, already inforce against the convictedperson in relation to the victim, extend the duration of the ProtectionOrder.

(2) Notwithstanding section 6(9),a Protection Order referred to in sub-section (1) may be made or extended fora period exceeding three years, takinginto consideration the need to protect the victim, following any period ofimprisonment imposed by the Court.

(3) A “serious criminal offence”means any offence listed in the ThirdSchedule.”.

21. The Act is amended by deleting after section 20A,as inserted, the heading “Part VI Police Powers of Entryand Arrest” and substituting the following heading:

“Part VI National Domestic Violence Register forDomestic Violence Complaints and Duty ofPolice Officers to Respond”.

“Court maymakeProtectionOrder whenvictim isin seriousphysical harm


Part VI headingdeleted andsubstituted


22. Section 21 of the Act is amended—(a) by deleting the marginal note and substituting the following marginal note:“National Domestic Violence Register”;

(b) repealing subsection (1) and substitutingthe following subsection:

“(1) The Commissioner of Policeshall establish and maintain, in electronic form, a National DomesticViolence Register.”;

(c) in subsection (2), by deleting all the wordsafter the words “part of” and substitutingthe words “the Register”;

(d) by inserting after subsection (2), the following subsection:

“(2A) The Commissioner of Policeshall ensure that all Orders anddomestic violence reports are enteredin the Register.”;

(e) in subsection (3)—(i) in the chapeau, by deleting afterthe word “form”, the word “pre-scribed” and substituting the words“set out”; and

(ii) in paragraph (a), by deleting afterthe word “the”, the word “name”and substituting the word “names”;and

(f) by inserting after subsection (3), as renumbered, the following subsections:

“(4) The Register shall be accessibleto police officers in each police station but shall not be accessible tothe public.

Section 21 amended


(5) The Commissioner of Policeshall have control and custody of theRegister and shall be responsiblefor—

(a) maintaining the Register;(b) ensuring that informationis entered into theRegister in accordancewith this Act and anyother written law; and

(c) ensuring that the informa-tion entered into theRegister is accurate.

(6) The Commissioner of Policeshall make reasonable securityarrangements to protect the informa-tion contained in the Registeragainst unauthorised access, collec-tion, misuse, alteration, disclosure or disposal.(7) Any person who intentionally

and without lawful excuse or justification extracts, alters,removes, reproduces, shares or uses any information contained inthe Register, commits an offence and is liable on summary convictionto a fine of one hundred and fifty thousand dollars and to imprisonment for three years.”.


21A. (1) A police officer shall—(a) respond to every complaintor report alleging domesticviolence;


“Duty of policeofficer


(b) make a detailed record ofevery complaint or reportalleging domestic violencemade in person or by electronic means; and

(c) provide the person makingthe complaint or reportwith a copy of the record.

(2) A police officer shall investi-gate every complaint or report allegingdomestic violence.”.

23A. The Act is amended in section 22, by deleting theword “Magistrate” and substituting the word “Court”,wherever it occurs.

24. The Act is amended in section 25—(a) in subsection (2), by deleting after the word“Court” all the words from the word “is” tothe word “it”, inclusive;

(b) in subsection (3), in paragraph (b), by deleting after the words “that the”, theword “parties” and substituting the word“respondent”; and

(c) in subsection (4)—(i) paragraph (a), by inserting afterthe word “complainant”, the words“or a child who is the subject of anapplication for a Protection Order”;and

(ii) in paragraph (b), by inserting afterthe word “complainant”, the words“or a child who is the subject of anapplication for a Protection Order.”.

25. The Act is amended by repealing section 26. Section 26 repealed

Section 22 amended

Section 25 amended



26A. (1) Subsection (2) applies to aperson—

(a) who—(i) has actual custody,charge or control of;

(ii) has, for a special purpose, as hisattendant, employer,teacher or caregiver,or in any othercapacity, temporarycustody, care, chargeor control of;

(iii) resides with; or(iv) is a medical practi-

tioner, registered nurseor midwife, and has attended to orperformed a medicalexamination in respectof,

an adult who by reason ofphysical or mental disability,age or infirmity is dependenton another person or achild; or

(b) who is a social worker.(2) A person to whom this sub-

section applies, who has reasonablegrounds to believe that a person hasengaged, is engaging or is likely toengage, in conduct that constitutesdomestic violence against an adult who byreason of physical or mental disability,age or infirmity is dependent on another

“Mandatoryreporting ofsuspecteddomesticviolence



person or a child, shall report the groundsfor his belief to a police officer as soon asreasonably practicable.

(3) Any person who, without reasonable excuse, fails to comply withthe requirements of subsection (2), commits an offence and is liable on summary conviction to a fine of fifteenthousand dollars and to imprisonment forseven years.”.


(i) in paragraph (b), by deleting afterthe word “child”, the words “wherethe defendant or victim of thealleged offence has custody of thatchild”; and

(ii) in paragraph (c), by deleting all the words from the word “the”,inclusive, and substituting thewords “where applicable, any risk assessment ordered under subsection (1A); and”;

(b) by inserting after subsection (1), the following subsection:

“(1A) Without prejudice to thepower of the Court to grant bail, the Court may, for the purposes ofdetermining whether or not to grantbail, order a police officer to submitsuch risk assessment as may be prescribed by regulations.”; and

(c) in subsection (2)—(i) in paragraph (b), by deleting afterthe word “victim”, the words“resides or works” and substitutingthe words “resides, works orattends school”; and

Section 27 amended


(ii) in paragraph (c), by deleting afterthe word “victim”, the words“resides or works” and substitutingthe words “resides, works orattends school;”.

28. The Act is amended by inserting after section 30,the following sections:

31. (1) The Minister may make regulations to give effect to the provi-sions of this Act.

(2) Regulations made under thisAct shall be subject to negative resolutionof Parliament.32. The Rules Committee established

under section 77 of the Supreme CourtAct may make Rules of Court for carry-ing this Act into effect.33. (1) The Chief Justice may, by

Order, amend Forms 1 to 6 in the SecondSchedule.

(2) The Minister to whomresponsibility for national security isassigned may, after consultation withthe Minister, amend Form 7 in theSecond Schedule, by Order.34. The Minister may, by Order

subject to negative resolution ofParliament, amend the First Schedule orthe Third Schedule.35. The Minister shall cause to be laid

in both Houses of Parliament, annually,a report on the administration of thisAct.”.

“Regulations

Amendmentof Forms

Rules of Court

Section 31 inserted

Amendmentof First andThirdSchedules

Annual report


29. The Act is amended in the First Schedule—(a) in the heading “Summary Offences Act,(Ch. 11:02)”—

(i) by deleting after the words “Section 5”, the words “Violent orobscene language or disturbance ofthe peace, Section 49”; and

(ii) by deleting after the words “Section75”, the words “Misuse of telephonefacilities and false telegrams,Section 106”; and

(b) in the heading “Children Act, (Ch. 46:01)”,by deleting all of the words from the word“Punishment” to the words “and 8” and substituting the following words:

“Prevention of cruelty to children,Section 4Exposing children to risk of burning,Section 6Injury or death by firearm or ammunition, Section 7 Causing, encouraging or favouringseduction or prostitution of younggirls, Sections 3, 4, 5, 6, 7 and 8Offence of female mutilation, Section 9Offence of aiding, abetting, coun-selling or procuring a girl to engagein female mutilation, Section 10Sexual penetration of a child, Section 18Sexual touching of a child, Section 19Causing or inciting a child to engagein sexual activity, Section 21Causing or inciting a child to engagein sexual activity with an animal,Section 22

First Scheduleamended


Giving a child a dangerous drug,Section 36Using a child to sell, buy or deliver adangerous drug, Section 38.”.

30. The Act is amended in the Second Schedule—(a) by inserting after Form 1, the followingforms:

“FORM 1ADOMESTIC VIOLENCE ACT (CH. 45:56)AFFIDAVIT IN SUPPORT OF APPLICATION


In the District of ..…………………………………………....…………

I, ............................................................................................................(Name of Applicant)

of ...........................................................................................................(Address)

make oath and say as follows:

1. I am the Applicant herein.

2. The facts and matters deposed to in this Affidavit are made ofmy own knowledge and I certify that I believe that the facts statedin this Affidavit are true.

3. My relationship with the Respondent is ………………………....

4. The circumstances which gave rise to this application arethat:

………………………………………………………………….....................

………………………………………………………………………………...

5. I made a complaint/A complaint was made on my behalf by

………………………………… at ……………………….. Police Station.(Name of Complainant) (Name of Police Station)

A copy of a report dated ……... is annexed hereto and marked ……..(Date of Report)

Second Scheduleamended


Sworn to be the Deponent ………………………………………………...(Name of Deponent)

at ……………………….. on the ………. day of ………………………...Before me

......................................................Justice or Clerk of the Peace of the

Magistrate’s Court for the District.; and

FORM 1BDOMESTIC VIOLENCE ACT (Chap. 45:56)

NOTICE OF FAILURE TO EFFECT SERVICE OF PROCESS


In the District of …………………………….......................................

I, ............................................................................................................(Name of Applicant)

of ...........................................................................................................(Address)

hereby give notice that the document described below has not been

served on the respondent …………………………………………………(Name of Respondent)

for the reasons outlined below.

Sworn to by me ........................................................ the above-named (Name of Deponent)

Deponent this ............ day of ........................................., 20…………..

.............................................................Justice or Clerk of the Peace of the

Magistrate’s Court for the District”; and(b) by deleting the word “County”, wherever itappears, and substituting the word“District”.

31. The Act is amended by inserting after the SecondSchedule, the following Schedule:

Third Scheduleinserted


“THIRD SCHEDULEOFFENCES AGAINST THE PERSON ACT, CHAP. 11:08

Conspiring or soliciting to commit murder, Section 5Attempted murder, Section 9Shooting or wounding with intent to do grievous bodily harm,Section 12Inflicting injury with or without a weapon, Section 14Attempting to choke, etc., in order to commit an indictable offence,Section 15Administering poison, etc., so as to endanger life or inflict grievousbodily harm, Section 17Exposing children so that life endangered, Section 21

SEXUAL OFFENCES ACT, CHAP. 11:28Rape, Section 4Grievous sexual assault, Section 4AIncest, Section 9Sexual intercourse with a mentally subnormal person, Section 12

CHILDREN ACT, CHAP. 46:01Causing or encouraging the seduction, prostitution or sexual penetration of a child, Section 12Sexual penetration of a child, Section 18Sexual touching of a child, Section 19Causing or inciting a child to engage in sexual activity, Section 21Luring a child, Section 25Sexual communication with a child, Section 25ASexual grooming of a child, Section 25B

TRAFFICKING IN PERSONS ACT, CHAP. 12:10Trafficking in persons, where a sexual assault was committedagainst the trafficked person, Section 16Inciting, organising or directing another person to traffic in persons, where a sexual assault was committed against the trafficked person, Section 17


Trafficking in children, where a sexual assault was committedagainst the trafficked child, Section 18

Inciting, organising or directing another person to traffic in children, where a sexual assault was committed against the trafficked child, Section 19

Transporting a person for the purpose of exploiting that person’sprostitution, Section 23”.

Passed in the Senate this 22nd day of June, 2020.

B. CAESARClerk of the Senate

Passed in the House of Representatives this 24th dayof June, 2020.

J. SAMPSON-MEIGUELClerk of the House

House of Representatives amendments were agreed toby the Senate this 29th day of June, 2020

B. CAESARClerk of the Senate

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, CARONIREPUBLIC OF TRINIDAD AND TOBAGO—2020


act no. 18 of 2020 - parliament of trinidad and tobago · 2020. 7. 7. · trinidad and tobago ......

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