What is “Family Violence”?
- If you are the victim of Family Violence, you may apply for a Personal Protection Order (PPO) to restrain (i.e. prohibit) a person from using family violence against you or your family members.
- The meaning of Family Violence is set out in the Women’s Charter.
- A person is considered to have committed Family Violence if that person commits one of the following acts against you or a family member:
- ○ Wilfully or knowingly placing, or attempting to place you or a family member in fear of hurt.
- ○ Causing hurt to you or a family member by doing something which that person knows or should have known would result in hurt.
- ○ Wrongfully confining or restraining you or a family member against your will or their will.
- ○ Causing continual harassment to you or a family member with intent to cause you anguish or knowing that it is likely to cause you anguish
- Family Violence does not include any force lawfully used in self-defence, or by way of correction towards a child below 21 years of age (i.e. for the purpose of disciplining a child).
- The Court will regard the following persons as family members:
- ○ Spouse or former spouse of the person;
- ○ Child of the person in question, including an adopted child and a step-child;
- ○ Father or mother of the person in question;
- ○ Father-in-law or mother-in-law of the person in question;
- ○ Brother or sister of the person in question; or
- ○ Any other relative of the person in question
- ○ Any other person whom the Court feels should be regarded as a member of the family because of the person’s incapacity, physical or mental disability, ill-health or old age
