Section 31 VAPP 2015

Section 31 of the Violence Against Persons (Prohibition) Act 2015 is about Court’s powers in respect of protection order. It provides as follows:

(1) The Court may, by means of a protection order referred to in section 28 or 29 of this Act, prohibit the respondent from-
(a) committing any act of domestic violence:

(b) enlisting the help of another person to commit any such act;
(c) entering a shared household provided that the court may impose this prohibition only if it appears to be in the best interests of the complainant;
(d) entering a specified part of such a shared household;

(e) entering the complainant’s residence;
(f) entering the complainant’s place of employment:

(g) preventing the complainant from entering or remaining in the shared
household or a specified part of the shared household;
(h) alienating or disposing the shared household or encumbering same;

(i) renouncing his or her rights in the shared household except in favour of the complainant; or

(j) committing any other act as specified in the protection order.

(2) The Court may impose any additional condition, which it deems reasonably
necessary to protect and provide for the safety, health or well-being of the
complainant, including an order-
(a) to seize any arm or dangerous weapon in the possession or under the
control ofthe respondent;

(b) that a police officer shall accompany the complainant to a specified
place to assist with arrangements regarding the collection of personal
property;
(c) directing the respondent to secure alternative accommodation for the
complainant;

(d) order a temporal relocation to any safe place as may be deem fit in the
interest of the complainant; or
(e) approve a mediation channel upon submission by the complainant.

(3) In ordering a prohibition under subsection 1 (c) of this section, the Court may
impose on the respondent obligations as to the discharge of rent or mortgage
payments having regard to the financial needs and resources of the complainant and the respondent.
(4) The Court may order the respondent to pay emergency monetary relief having
regard to the financial needs and resources of the complainant and the respondent, and such order has the effect of a civil judgment of a court.

(5) The Court may issue any direction to ensure that the complainant’s physical address is not disclosed in any manner, which may endanger the safety, health or well-being of the complainant.
(6) If the court is satisfied that it is in the best interests of any child, it may-
(a) refuse the respondent contact with such child; or
(b) order contact with such child on such conditions as it may consider appropriate.

(7) The Court may not refuse to issue a protection order or impose any condition or make any order which it is competent to impose or make under this section, merely on the grounds that other legal remedies are available to the complainant.

(8) If the Court is of the opinion that any provision of a protection order deals with a matter that should, in the interests of justice, be dealt with further under any other relevant law, including the Matrimonial Causes Act, Cap. M7 Laws of the Federation, 2004, Child’s Rights Act, the Court shall order that such a provision shall be in force for such limited period as the court determines, in order to afford
the party concerned the opportunity to seek appropriate relief under such law.

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