Section 46 VAPP 2015

Section 46 of the Violence Against Persons (Prohibition) Act 2015 is about Interpretation. It provides as follows:

In this Act-
“Abandonment of women, children and other persons” means deliberately leaving women, children and other persons, under the perpetrator’s care, destitute and without any means of subsistence;

“accredited service provider” means governmental, non-governmental, faith based, voluntary and charitable associations or institutions providing shelter, homes, counseling, legal, financial, medical or other assistance to victims of domestic violence and are registered with the appropriate Government Ministry under the provisions of this Act;

“circumcision of a girl or woman” means cutting off all or part of the external sex organs of a girl or woman other than on medical ground;

“Civil proceedings” means-
(a) proceedings for the making, variation or discharge of a protection order, safety order or interim protection order:
(b) proceedings by way of appeal or case stated which are related to proceedings to which paragraph (a) applies; or
(c) proceedings under this Act for compensation or award;

“Court” means both the Magistrates Court and High Court;

“damage to property” means the wilful destruction or causing of mischief to any
property belonging to a person or in, which a person has, a vested interest;

“dangerous weapon” means any instrument or machine directed toward a person with the intention of inflicting bodily harm on such person and includes a gun, knife, stick, whip or other household appliance capable of inflicting bodily harm on a person;

“domestic relationship” means a relationship between any person and a perpetrator of violence constituted in any of the following ways –
(a) they are or were married to each other, including marriages according
to any law, custom or religion;

(b) they live or have lived together in a relationship in the nature of marriage, although they are not or were not married to each other;:
(c) they are the parents of a child or children or are the persons who have or had a parental responsibility for that child or children;
(d) they are family members related by consanguinity, affinity or adoption;

(e) they are or were in an engagement, dating or customary relationship, including actual or perceived romantic, intimate or sexual relationship of any duration; or
(f) they share or recently shared the same residence.

“domestic violence” means any act perpetrated on any person in a domestic relationship where such act causes harm or may cause imminent harm to the safety, health or wellbeing of any person;
“economic abuse” means –
(a) forced financial dependence:
(b) denial of inheritance or succession rights,

(c) the unreasonable deprivation of economic or financial resources to which any person is entitled or which any person requires out of necessity, including –
(i) household necessities,
(ii) mortgage bond repayments, or
(iii) payment of rent in respect of a shared residence; or

(d) the unreasonable disposal or destruction of household effects or other property in which any person has an interest;

“emergency monetary relief” means compensation for monetary losses suffered by any person arising from an act of violence and does not in any way constitute a maintenance order, including –
(a) loss of earnings;
(b) medical and dental expenses;
(c) relocation and accommodation expenses;
(d) household necessities; or
(e) legal fees related to obtaining and serving the protection order.

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