DOMESTIC VIOLENCE: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Domestic Violence Regulations

DOMESTIC VIOLENCE REGULATIONS

(section 21)

(8th November, 2013)

ARRANGEMENT OF REGULATIONS

REGULATIONS

1. Citation

2. Application for an order

3. Notice to applicant

4. Variation and revocation of an order

Schedule

S.I. 106, 2013.

1. Citation

These Regulations may be cited as the Domestic Violence Regulations.

2. Application for an order

(1) An application made in terms of section 7(1) of the Act shall be in Form 1 set out in the Schedule.

(2) An application referred to in subregulation (1) shall be accompanied by a draft order in Form 2 set out in the Schedule.

(3) Where an application is brought on behalf of an applicant by another person in terms of section 7(6) of the Act, the affidavit referred to in section 7(2) shall set out—

(a) the occupation of the person and capacity in which such person brings the application; and

(b) except in cases excluded by the provisions of section 7(5) of the Act, the written consent of the applicant.

3. Notice to applicant

The person referred to in section 7(6) of the Act and any other person making an application on behalf of an applicant shall—

(a) issue to an applicant a written notice which contains the information provided in Form 3;

(b) read the notice or cause the notice to be read, and if reasonably possible, be in the official language of the applicants choice;

(i) understands the contents of the notice, and

(ii) requires further information concerning the relief available in terms of the Act; and

(d) on request by an applicant, further explain to the best of his or her ability—

(i) any part of the notice which the applicant does not understand, and

(ii) the relief available to the applicant in terms of the Act.

4. Variation and revocation of an order

An application to vary or set aside an order in terms of section 13 of the Act shall be in Form 4 set out in the Schedule.

SCHEDULE

Form 1
APPLICATION FOR AN ORDER

(reg. 2(1))

1. PARTICULARS OF APPLICANT (Survivor of domestic violence)

Surname:
Full Names:
Sex:
Level of Education: (tick appropriate)	Tertiary………………………………………….
	Secondary………………………………………
	Primary …………………………………………
	None……………………………………………..
Identity Card/Passport Number/N/A (for minor):
Date of Birth:
Physical Residential Address:
Postal Home Address:
Home/Contact Telephone Number:
Physical Work Address (include name of organisation):
Postal Work Address:
Work Telephone Number:
Occupation:
Nature of relationship with person who committed the act of domestic violence (Respondent):

2. PARTICULARS OF PERSON MAKING THE APPLICATION ON BEHALF OF THE APPLICANT (if applicable)

Surname:
Full Names:
Sex:
Level of Education: (tick appropriate)	Tertiary………………………………………….
	Secondary………………………………………
	Primary …………………………………………
	None……………………………………………..
Identity Card/Passport Number:
Date of Birth:
Physical Residential Address:
Home Postal Address:
Contact Telephone Number:
Physical Work Address (include name of organisation):
Postal Work Address:
Work Telephone Number:
Occupation:
Capacity in which application is made:
Nature of relationship with the applicant:
State reason(s) why application is made on behalf of the applicant:
Indicate whether written consent of applicant has been obtained and attached:	YES……………………………………………… NO……………………………………………….
If NO, indicate why there is no written consent from the applicant: (tick the appropriate answer)	Because the applicant is:
(a) a minor under the age of 18 years
(b) suffering from a mental disability
(c) unconscious
(d) under the influence of an intoxicating substance
	(e) Other reasons (Please specify)
	………………………………………………

3. PARTICULARS OF PERSON WHO COMMITTED ACT OF DOMESTIC VIOLENCE

(Hereafter called the Respondent) In so far as such particulars are available

Surname:
Full Names:
Sex:
Level of Education: (tick appropriate)	Tertiary………………………………………….
	Secondary………………………………………
	Primary …………………………………………
	None……………………………………………..
Identity Card/Passport Number:
Date of Birth:
Physical Residential Address:
Home Postal Address:
Contact Telephone Number:
Physical Work Address (include name of organisation):
Postal Work Address:
Work Telephone Number:
Occupation:

4. OTHER PERSONS AFFECTED BY DOMESTIC VIOLENCE BESIDES THE APPLICANT

(a) Particulars of children and adults:

Name:	Sex:	Age:	Relationship to complainant

(b) How are the persons affected?

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

5. INFORMATION REGARDING ACTS OF DOMESTIC VIOLENCE

Give details regarding all incidents of domestic violence (physical, emotional, sexual or economic) and also indicate whether firearms or other dangerous weapons were used, what injuries have been sustained and whether medical treatment was obtained:

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

6. INFORMATION REGARDING URGENCY OF APPLICATION

Submit the reasons why the court has to consider the application as a matter of urgency and why undue hardship may be suffered if the application is not dealt with immediately:

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

7. SUGGESTED TERMS OF AN ORDER

It is requested that the Respondent must be ordered (Mark appropriate box(es) and complete
where necessary):

(a)	Not to commit any act of domestic violence
(b)	Not to get the help of any other person to commit any act of domestic violence
(c)	Not to enter the shared residence situated at…………………………………..
	………………………………………………………………………………………………………….
	………………………………………………………………………………………………………….
(d)	Not to enter a specified part of the shared residence, namely…………
	………………………………………………………………………………………………………….
	………………………………………………………………………………………………………….
	………………………………………………………………………………………………………….
	………………………………………………………………………………………………………….
(e)	Not to enter the applicants residence or to come within…………………….
	metres of the applicants residence situated at …………………………………
	………………………………………………………………………………………………………….
	………………………………………………………………………………………………………….
(f)	Not to enter the applicants place of employment namely ………………..
	…………………………………………………………………………………………………………
	…………………………………………………………………………………………………………
	…………………………………………………………………………………………………………
(g)	Not to prevent the applicant or any child who ordinarily live(s) or lived in the shared residence from entering or remaining in the shared residence or school or any part thereof.
(h)	Not to make any phone calls or send any form of electronic or telephonic messages to the applicant or contact family/friends/workmates of the applicant
(i)	Not to harass family/friends of the applicant
(j)	Not to come within ……………………… metres of the applicant
(k)	Not to commit any other act, namely

8. SUGGESTED ADDITIONAL ORDERS

It is also requested that the Court must order that (mark appropriate box(es) and complete where necessary):

(a)	A Member of the Botswana Police Service is to accompany the applicant to assist with arrangements regarding the collection of the applicants property set out in Personal Property Table below as well as access to places of safety or shelters.
(b)	A member of the Botswana Police Service is to seize the following arm(s) or dangerous weapon(s) in the possession of the respondent:
	………………………………………………………………………………………………………….
	………………………………………………………………………………………………………….
	………………………………………………………………………………………………………….
(c)	The Respondent is to pay the following rent or mortgage payments or other payments as stipulated:
	………………………………………………………………………………………………………….
	………………………………………………………………………………………………………….
	………………………………………………………………………………………………………….
(d)	The Respondent is not to have any contact with the following child or children
	………………………………………………………………………………………………………….
	………………………………………………………………………………………………………….
	………………………………………………………………………………………………………….
(e)	The Respondent is granted the following contact with the above-mentioned child or children
	…………………………………………………………………………………………………………
	…………………………………………………………………………………………………………
	…………………………………………………………………………………………………………
(f)	The physical address of the Applicants residence is not to be disclosed to the Respondent
(g)	The applicant or respondent or any other persons affected should go for counselling………………………………………………………………………………
	…………………………………………………………………………………………………………
	…………………………………………………………………………………………………………
(h)	Other conditions requested
	…………………………………………………………………………………………………………
	…………………………………………………………………………………………………………
	…………………………………………………………………………………………………………

PERSONAL PROPERTY

Property Description:	Grounds on which property is considered to be personal property:	Address where property is kept:

I am likely to report a breach of an order at the …………………………………… Police Station.

………………………………………………….. ……………………………………………..
DEPONENT DATE

(Person who applies for an order)

CERTIFICATION (for official use)

I hereby certify that before administering the *oath/taking the affirmation I asked the Deponent the following questions and noted *her/his answers in *her/his presence as indicated below:

(a) Do you know and understand the contents of the above declaration?

Answer______________________________________________________________________

(b) Do you have any objection taking the prescribed oath?

Answer______________________________________________________________________

I hereby certify that the Deponent has acknowledged that *she/he knows and understands the contents of this declaration which was *sworn to / affirmed before me, and the Deponents signature/thumb print/mark was placed thereon in my presence.

Dated at ……………………………………………….. this ………………………… day of …………………………….. 20……………..

Commissioner of Oaths

Full Names ………………………………………………………………………………………………………………………………………….

Designation ………………………………………………………………………………………………………………………………………..

Business address ………………………………………………………………………………………………………………………………

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

*Delete whichever is not applicable.

Form 2
DRAFT ORDER

(reg. 2(2))

IN THE MAGISTRATE COURT FOR THE DISTRICT OF……………………………………………………………………….

HELD AT ………………………………………………………………………………………….. APPLICATION NUMBER ________/________

In the matter between:

APPLICANT:

……………………………………………………………………………………………………………………………………………………………

Identity Card/Passport Number: ………………………………. Date of Birth: ………………………………………………..

AND

RESPONDENT:

Identity Card/Passport Number: ………………………………….. Date of Birth: ……………………………………………

1. PARTICULARS OF RESPONDENT

Home Address (Physical & Postal): ………………………………………………………………………………………………….

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

Telephone Number: ………………………………………….

Work Address (Name of Organisation, Physical & Postal addresses):

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

Telephone Number: ………………………………………….

2. PARTICULARS OF APPLICANT

Occupation: ……………………………………………………………………………………………………………………………………

The Applicant has applied for an order against the Respondent as per the affidavit(s) and record of oral evidence (if any) attached, which application has been considered by the Court.

3. ORDER BY COURT AND PARTICULARS OF ORDER

3.1 The Court orders that:

3.1.1 * The application for an Order is dismissed; or

3.1.2 * An interim, a restraining, a tenancy or an occupancy order is granted; and the respondent is ordered—

3.1.2.1 *not to commit the following act(s) of domestic violence—

………………………………………………………………………………………………………………………………………

3.1.2.2 *not to enlist the help of another person to commit the act(s) of domestic violence specified in paragraph 3.1.2.1;

3.1.2.3 *not to enter the shared residence at

………………………………………………………………………………………………………………………………………

3.1.2.4 * not to enter the following parts of the shared residence at ……………………………………….

………………………………………………………………………………………………………………………………………

3.1.2.5 *not to enter the applicants residence at …………………………………………………………………..

………………………………………………………………………………………………………………………………………

3.1.2.6 *not to enter the applicants place of employment at …………………………………………………

………………………………………………………………………………………………………………………………………

3.1.2.7 *not to prevent the complainant or any child who ordinarily live (s) or lived in the shared residence at ……………………………………. from entering or remaining in the shared residence or any part thereof.

3.1.2.8 * not to commit any of the following acts: ………………………………………………….

………………………………………………………………………………………………………………………………………

3.1.2.9 * to make rents or mortgage payments in the sum of P………………………………….. per month/annum.

3.1.2.10 * to pay the sum of P………………. to the applicant as monetary relief for …………………

………………………………………………………………………………………………………………………………………

4. ADDITIONAL ORDERS

4.1 It is further ordered that;

4.1.1 *A member of the Botswana Police Service accompanies the applicant to the following residence in order to assist with arrangements regarding the collection of personal property, i.e.—

………………………………………………………………………………………………………………………………………

4.1.2 *A member of the Botswana Police Service at ……………………………………………. seizes the following arm(s) or dangerous weapon (s) in the possession of the respondent, i.e.—

………………………………………………………………………………………………………………………………………

4.1.3 The applicants physical address not to be disclosed to the respondent;

4.1.4 *The respondent is ordered not to have any contact with the following child/children:

………………………………………………………………………………………………………………………………………

4.1.5 *The respondent is allowed contact with the following child/children—

………………………………………………………………………………………………………………………………………

on the following basis—

………………………………………………………………………………………………………………………………………

4.1.6 * The applicant or respondent or any other persons affected should go for counselling

………………………………………………………………………………………………………………………………………

4.2 Warrant is authorised for the arrest of the respondent, the execution of which is suspended subject to the respondents compliance with the provisions of the Order as stated above.

4.3 A copy of this order and the warrant of arrest must be forwarded to the ………….. Police Station, once this interim order has been served on the respondent.

5. DATE OF CONFIRMATION OF AN ORDER

5.1 The respondent is hereby informed of his/her right to appear in the Magistrate Court at ………………………………………………. on the ……………………….. day of ………………. at 08:30 in order to give reasons why the interim order should not be confirmed and made final; and of his/her right to have the matter heard on an earlier date after at least 24 hours written notice to the applicant and the aforesaid court.

5.2 The respondent is further informed that if he or she does not appear in court on the above-mentioned date and time, and the court is satisfied that this notice was properly served on him or her and is satisfied that he or she committed or is committing an act of domestic violence, this order will be confirmed and made final

…………………………………………………….. ……………………………………………………..
MAGISTRATE DATE
*Delete whichever is not applicable

Form 3
INFORMATION NOTICE TO APPLICANT BY SERVICE PROVIDERS OR ANY OTHER PERSON

(reg. 3(a))

1. The applicant may lay a criminal complaint against the person who committed the act of domestic violence (hereafter called the respondent) if the conduct of the respondent constitutes a criminal offence which will be investigated by the police.

2. The applicant may apply, on any day at any time, for a protection order at the Magistrates Court in whose area

(a) the applicant resides, carries on business or is employed, permanently or temporarily;

(b) the respondent resides, carries on business or is employed; and

3. An application form can be provided if the applicant wants to apply for an order. It is not necessary to lay a charge in order for the applicant to get a protection order.

4. The Court will consider the application and may thereafter issue an interim order which will only come into effect—

(a) immediately; and

(b) for a certain period of time.

5. After such period of time the court will consider to issue a permanent order.

6. The applicant may request the Court to prohibit the respondent from

(a) committing any act of domestic violence;

(b) enlisting the help of another to commit any act of domestic violence;

(d) entering a specified part of the shared residence;

(e) entering the applicants workplace;

(f) preventing the applicant or any child who normally lives in the shared residence from entering; and

(g) Committing any other act determined by the Court.

7. The applicant may request the Court not to disclose his/her address to the respondent. The Court may also, in order to protect the applicant and to provide for the applicants safety, health and well-being—

(a) order that the respondent pay rent, mortgage or other monetary relief (such as loss of earnings and medical expenses);

(b) refuse the respondent contact with the applicants children;

(d) order that a member of the Botswana Police Service accompany the applicant to assist him or her with the collection of his or her personal property; and

(e) Impose any other condition it deems reasonably necessary.

8. The Court will issue a warrant of arrest for the respondent if the respondent fails to comply with any provision of the protection order.

9. The order may be varied or revoked.

WARNING: It is a criminal offence if any person knowingly makes a false allegation against the respondent in an affidavit.

Form 4
APPLICATION FOR VARIATION AND REVOCATION OF AN ORDER

(reg. 4)

(A copy of this form must be forwarded to the other party)

IN THE MAGISTRATE COURT FOR THE DISTRICT OF ……………………………………………………..

HELD AT……………………………………………….APPLICATION NUMBER__________/__________

In the matter between:

APPLICANT: …………………………………………………………………………………………………………………….

Identity Card/Passport Number:………………………………. Date of Birth: …………………………………….

AND

RESPONDENT: ………………………………………………………………………………………………………………..

Identity Card/Passport Number:…………………………………. Date of Birth: ………………………………..

PART A: AFFIDAVIT (To be completed by applicant)

2. PARTICULARS OF APPLICANT

Surname:
Full Names:
Sex:
Level of Education: (tick appropriate)	Tertiary………………………………………….
	Secondary………………………………………
	Primary …………………………………………
	None……………………………………………..
Identity Card/Passport Number:
Date of Birth:
Physical Residential Address:
Postal Home Address:
Home/Contact Telephone Number:
Physical Work Address:
Postal Work Address:
Work Telephone Number:

3. PARTICULARS OF RESPONDENT

Surname:
Full Names:
Sex:
Level of Education: (tick appropriate)	Tertiary………………………………………….
	Secondary………………………………………
	Primary …………………………………………
	None……………………………………………..
Identity Card/Passport Number:
Date of Birth:
Physical Residential Address:
Postal Home Address:
Home/Contact Telephone Number:
Physical Work Address:
Postal Work Address:
Work Telephone Number:

4. PARTICULARS OF AN ORDER

An order was granted on:	(Date)
In the Magistrates’ Court at:	(Name of Respondent)
Against:

5. APPLICATION REGARDING AN ORDER

I wish to apply for:

*(a) The revocation of the above-mentioned order
*(b) The variation of the order as follows-
……………………………………………………………………………..
……………………………………………………………………………..
……………………………………………………………………………..

Reasons for my requests are as follows:

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

……………………………………………………………………………….. ………………………………………………………………………………..
Signature of Deponent Date

PART B: CERTIFICATION (for official use)

I hereby certify that before administering the *oath / taking the affirmation I asked the Deponent the following questions and noted *her/his answers in *her/his presence as indicated below:

(a) Do you know and understand the contents of the above declaration?

Answer ……………………………………………………………………………………………………………………………..

(b) Do you have any objection taking the prescribed oath?

Answer ……………………………………………………………………………………………………………………………..

I hereby certify that the Deponent has acknowledged that *she/he knows and understands the contents of this declaration which was *sworn to/affirmed before me, and the Deponents signature/thumb print/mark was placed thereon in my presence.

Dated at ………………………………………………………… this ………………… day of …………………………….20……..

Commissioner of Oaths

Full Names ………………………………………………………………………………………………………………………………..

Designation…………………………………………………………………………………………………………………………………

Business address ………………………………………………………………………………………………………………………..

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

*Delete whichever is not applicable