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ACTS SUPPLEMENT No. 3 9th April, 2010. ACTS SUPPLEMENT to The Uganda Gazette No. 21 Volume CIII dated 9th April, 2010. Printed by UPPC, Entebbe, by Order of the Government. |
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Act 3 |
Domestic Violence Act 2010 |
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THE DOMESTIC VIOLENCE ACT, 2010. |
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ARRANGEMENT OF SECTIONS |
Section |
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Part I—Preliminary |
1. |
Commencement. |
2. |
Interpretation. |
3. |
Domestic relationships. |
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Part II—Control of Domestic Violence. |
4. |
Prohibition of domestic violence. |
5. |
Consent not a defence in domestic violence. |
6. |
Proceedings in local council courts. |
7. |
Duties of police officers. |
8. |
Duties of a practitioner. |
9. |
Jurisdiction of magistrates courts. |
10. |
Application for a protection order. |
11. |
Issue of interim protection order. |
12. |
Issue of protection order. |
13. |
Contents of protection order. |
14. |
Application for variation, revocation or discharge of orders. |
15. |
Issue of copies of orders. |
16. |
Enforcement of orders. |
17. |
Jurisdiction of family and children court in relation to domestic |
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violence. |
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Act 3 Domestic Violence Act 2010 Section |
Part III—Miscellaneous
SCHEDULES FIRST SCHEDULE — Currency Point SECOND SCHEDULE — Guiding Principles for Determining Compensation THIRD SCHEDULE — Forms |
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THE DOMESTIC VIOLENCE ACT 2010. AN ACT to provide for the protection and relief of victims of domestic violence; to provide for the punishment of perpetrators of domestic violence; to provide for the procedure and guidelines to be followed by the court in relation to the protection and compensation of victims of domestic violence; to provide for the jurisdiction of court; to provide for the enforcement of orders made by the court; to empower the family and children court to handle cases of domestic violence and for related matters. Date of AssENT:17th March, 2010. Date of Commencement: See Section 1. Be it enacted by Parliament as follows: Part I—Preliminary
This Act shall come into force on a date appointed by the Minister by statutory instrument.
In this Act, unless the context otherwise requires— “court” means a magistrates court, a local council court or a family and children court; “currency point” means the value of a currency point specified in the First Schedule; |
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“domestic relationship” means a relationship defined in section 3; “domestic violence” constitutes any act or omission of a perpetrator which—
or well-being, whether mental or physical, of the victim or tends to do so and includes causing physical abuse, sexual abuse, emotional, verbal and psychological abuse and economic abuse;
view to coercing him or her or any other person related to him or her to meet any unlawful demand for any property or valuable security;
related to the victim by any conduct mentioned in paragraph (a) or (b); or
mental, to the victim; “economic abuse” includes—
children, if any;
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movable or immovable, shares, securities, bonds or similar assets or property in which the victim has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the victim or his or her children or any other property jointly owned or separately held by the victim; and
which the victim is entitled to use or enjoy by virtue of the domestic relationship, including access to the shared household; “emotional, verbal and psychological abuse” means a pattern of degrading or humiliating conduct towards a victim, including but not limited to—
which is such as to constitute a serious invasion of the victim’s privacy, liberty, integrity or security;
“harass” means engaging in a pattern of conduct that induces fear of harm, annoyance and aggravation with the intention of inducing fear in a person including—
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another person to make abusive telephone calls to the victim, whether or not a conversation ensues;
offensive or abusive letters, telegrams, packages, facsimiles, electronic mail, telephone text messages or similar objects to the victim; or
with the intention of inducing fear, harm, annoyance or aggravation to the victim; “intimidation” means uttering a threat or causing a victim to receive a threat, which induces fear; “Minister” means the Minister responsible for Gender, Labour and Social Development; “perpetrator” means a person who is alleged to commit an actual or threatened act of domestic violence; “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb, or health or which impairs the health or development of the victim; and includes assault, criminal intimidation and criminal force; “practitioner” means a person registered under section 21 of the Medical and Dental Practitioners Act to practise medicine, surgery or dentistry and includes a clinical officer; “protection order” means a court order prohibiting domestic violence, restricting a person from harassing or threatening another person or restraining a person from contacting or approaching another person; “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of another person; |
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Act 3 Domestic Violence Act 2010 “victim” means a person in a domestic relationship who directly or indirectly suffers threatened or actual domestic violence.
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Part II—Control of Domestic Violence
The consent of the victim shall not be a defence to a charge of domestic violence under this Act.
occupation and marital status of both the victim and perpetrator;
occupation of the victim’s representative if any, and the capacity in which the complaint is made; |
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perpetrator, if any;
her representative, or how many times the matter has been previously reported; and
(j) attachment and sale; or (k) any other order provided for under the Local Council Courts Act, 2006. |
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violence warrants the involvement of the police and the court.
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obtaining shelter;
that the victim undergoes a medical examination and receives medical treatment;
and the right to lodge a criminal complaint; and
A practitioner who reasonably suspects that a person under his or her care is a victim of domestic violence shall assist the victim in the following manner— |
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system to the victim; or
the case where necessary.
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protect the victim from harm or discomfort or inconvenience, as a result of such domestic violence.
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victim or the victim's representative.
of another person to commit an act of domestic violence;
where the victim resides or any part of the premises, if the prohibition is in the best interest of the victim;
place or premises where the victim works, frequents, attends or any part of the premises or place;
victim's needs or the needs of any child or dependent of the perpetrator, including necessaries; 14 |
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perpetrator to any person or institution and regulate rights of access by the perpetrator to the child or dependant;
dependent of the victim, access to their place of residence and use of the facilities associated with it;
the court considers necessary or desirable for the well being of the victim or any child or dependant of the victim.
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A victim, a victim’s representative or a police officer may apply to the court for a certified copy of an interim protection order or a protection order, if the copy which was previously issued is lost or destroyed.
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Part III—Miscellaneous
The procedure for appeals under this Act shall, with the necessary modifications, be that provided for in the Local Council Courts Act, 2006, the Civil Procedure Act and the Magistrates Courts Act.
The Minister may make regulations for the better carrying into effect of the provisions of this Act.
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SCHEDULES. 17 |
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Domestic Violence Act 2010 FIRST SCHEDULE |
Sections 2, 20(1) CURRENCY POINT A currency point is equivalent to twenty thousand Shillings. |
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Section 4(4), 20(2) GUIDING PRINCIPLES FOR DETERMINING COMPENSATION
of the physical or mental injury suffered;
victim;
damaged;
of the applicant, where the applicant is compelled to separate or be separated from the perpetrator due to the domestic violence, including—
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Act 3 Domestic Violence Act 2010 THIRD SCHEDULE |
Section 10(3), 20(2) FORMS The Republic of Uganda Form 1 THE DOMESTIC VIOLENCE ACT Application for Interim Protection Order/Protection Order* In the Magistrates Court at__________________________________________ |
In the matter of__________________________________ (name of victim), a ________________________ (state nature of victim e.g. adult, child, person of unsound mind); and In the matter of an application for interim protection order/protection order* I,____________________________________________ (name of applicant), being__________________________________ (state relationship to person against whom order is sought) apply for interim protection order/protection order* on the following grounds: |
Date |
*Delete as appropriate |
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Applicant |
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Section 10(4) Form 2 THE DOMESTIC VIOLENCE ACT Summons in Chambers _____________________________________________________ Applicant versus ____________________________________________________ Respondent To:____________________________________________________________ ___________________________ (name, description and place of residence) Whereas: _______________________________________________________ has instituted proceedings for interim protection order/protection order*, you are summoned to appear in the chambers of_________________________ in person or by an advocate duly instructed on the__________________ day of ____________________ , 20_______ , at__________________ o’clock in the _____________________ noon, to answer to the claim. Take notice that in default of your appearance on the day above-mentioned, the application shall be heard and determined, and such order as is deemed fit will be rendered in your absence. Given under my hand and the seal of this court on the________________ day of _________________ , 20________ . |
Magistrate |
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Act 3 Domestic Violence Act 2010 The Republic of Uganda |
Section 14(5) Form 3 THE DOMESTIC VIOLENCE ACT Application for Variation, Revocation or Discharge of Orders In the Magistrates Court at__________________________________________ |
In the matter of___________________________________ (name of victim), a_________________________ (state nature of victim, e.g., adult, child, person of unsound mind, type of disability); and In the matter of an interim protection order/protection order* issued against _____________________________________ (state name of person against whom order was issued) on the__________ day of______________ , 20______ |
I, __________________________________________ (name of applicant), being___________________________________________ (state relationship to person against whom order was issued) apply for ____________________________________________ (variation/revocation/ discharge*) of the order on the following grounds: |
Date Applicant |
*Delete as appropriate |
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Act 3 Domestic Violence Act 2010 The Republic of Uganda |
Section 16(3) Form 4 THE DOMESTIC VIOLENCE ACT Application for Enforcement of Order In the Magistrates Court at__________________________________________ |
In the matter of__________________________________ (name of victim), a ________________________ (state nature victim e.g. adult, child, person of unsound mind, type of disability); and In the matter of an Order for interim protection order/protection order* issued against__________________________________ (state name of person against whom order was issued) on the________ day of___________ , 20_____ I,____________________________________________ (name of applicant), being___________________________________________ (state relationship to person against whom order was issued) apply for enforcement of the interim protection order/protection order* on the grounds that: |
Date Applicant |
*Delete as appropriate |
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Act 3 Domestic Violence Act 2010 Section 17(6) |
The Republic of Uganda Form 5 THE DOMESTIC VIOLENCE ACT Application for Interim Protection Order/Protection Order* In the Family and Children Court at___________________________________ In the matter of__________________________________ (name of victim), a ______________________ (state nature of victim e.g. adult, child, person of unsound mind, type of disability) and In the matter of an application for interim protection order/protection order* I,____________________________________________ (name of applicant), being___________________________________ (state relationship to person against whom order is sought) apply for interim protection order/protection order* on the following grounds: |
Date Applicant |
*Delete as appropriate |
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Form 6 |
THE DOMESTIC VIOLENCE ACT |
Summons in Chambers |
versus |
To: |
Section 17(6) |
Applicant |
Respondent |
(Name, description and place of residence) |
Whereas |
has instituted proceedings for interim protection order/protection order*, you are summoned to appear in the chambers of_______________________ in person or by an advocate duly instructed on the________ day of____________ , 20_______ , at_________________ o’clock in the_______________________ |
noon, to answer to the claim. |
Take notice that, in default of your appearance on the day above-mentioned, the application shall be heard and determined, and such order as is deemed fit will be rendered in your absence. Given under my hand and the seal of this court on the________________ day of _________________ , 20________ . |
Magistrate |
*Delete as appropriate |
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Act 3 Domestic Violence Act 2010 The Republic of Uganda |
Section 17(6) Form 7 THE DOMESTIC VIOLENCE ACT Application for Variation, Revocation or Discharge* of Orders In the Family and Children Court at___________________________________ In the matter of_________________________________ (name of victim), a ______________________ (state nature of victim e.g. adult, child, person of unsound mind, type of disability) and In the matter of an Order for interim protection order/protection order* issued against_______________________________________ (state name of person against whom order was issued) on the ____________________ day of ____________________ , 20_________ I,____________________________________________ (name of applicant), being_______________________ (state relationship to person against whom order was issued) apply for__________________________________________ (variation, revocation or discharge) of the order on the following grounds: |
Date Applicant |
*Delete as appropriate |
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Section 17(6) Form 8 |
THE DOMESTIC VIOLENCE ACT Application for Enforcement of Order In the Family and Children Court at_____________________ |
In the matter of___________________________________ (name of victim), a_____________________________ (state nature of victim e.g. adult, child, person of unsound mind, type of disability) and In the matter of an Order for interim protection order/protection order* issued against__________________________________ (state name of person against whom order was issued) on the________ day of___________________ , 20_____ I,____________________________________________ (name of applicant), being___________________________________ (state relationship to person against whom order was issued) apply for enforcement of the interim interim protection order/protection order* on the grounds that: |
Date Applicant |
*Delete as appropriate |
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Cross References Children Act, Cap. 59 Civil Procedure Act, Cap. 71 Family and Children Court Rules, S.I. 59-2 Local Council Courts Act, 2006, Act No.13 of 2006 Magistrates Courts Act, Cap. 16. Medical and Dental Practitioners Act, Cap. 272 |
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