Revised Laws of Saint Lucia (2023)

2.   Interpretation

In this Act—

“applicant”—

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   (a)     means a person who is or has been in a domestic relationship with a respondent who makes an application or on whose behalf an application is made for a protection order under section 14, 15 or 16;

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   (b)     includes a child or dependant of a person under paragraph (a);

“assigned officer” means—

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   (a)     a probation officer under the Criminal Code;

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   (b)     a person who holds a management position in an organization that has direct supervision of the provision of welfare or social services;

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   (c)     a tutor appointed under the Civil Code;

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   (d)     a curator appointed under the Civil Code;

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   (e)     any other person assigned by the court to supervise a child;

“attorney-at-law” means an individual who has been admitted to practice law under the Legal Profession Act;

“child”—

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   (a)     means a person under the age of 18 years who—

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      (i)     resides with the applicant or respondent, whether or not a child of the applicant and the respondent,

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      (ii)     is a biological child, stepchild, foster child, adopted child or a child treated as a child of the applicant or the respondent,

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      (iii)     is related by consanguinity or affinity to the applicant or the respondent,

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      (iv)     is in the care and protection of the applicant or the respondent,

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      (v)     is or has been a member of a shared household;

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   (b)     does not include a person who—

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      (i)     is or has been married, or

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      (ii)     is a cohabitant;

“coercion”—

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   (a)     means an act of assault, threat, manipulation, humiliation, intimidation;

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   (b)     includes an act used to—

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      (i)     harm, punish, frighten, exploit, control or deprive a person,

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      (ii)     regulate the behavior of a person,

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      (iii)     create dependency on a person;

“Court” means the Family Court;

“cohabitant” means a person who resides or resided with another person as a couple although not married to each other;

“cyberstalking” in relation to a person, means the use of the internet or other electronic means to—

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   (a)     stalk;

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   (b)     harass;

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   (c)     transmit lewd, indecent, obscene or threatening words, images or language;

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   (d)     suggest the commission of a lewd act,

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   whether or not other conversation occurs;

“dependant” means a person over the age of 18 years who, by reason of physical or mental disability, age or infirmity, relies on the applicant or the respondent for his or her well-being;

“Director” means the person appointed by the Public Service Commission as the Director of the Family Court;

“Director of Human Services” has the meaning assigned under section 2 of the Child (Care, Protection and Adoption) Act;

“domestic relationship” means relations between an applicant and a respondent where the applicant and respondent—

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   (a)     are or were married under any law, custom or religion;

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   (b)     are or were cohabitants;

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   (c)     are the parents of a child or are persons who have or had parental responsibility for the child, whether or not at the same time;

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   (d)     are family members related by consanguinity, affinity or adoption;

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   (e)     are family members related by affinity where the cohabitants referred to under paragraph (b) were married;

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   (f)     are or were in an engagement, dating or visiting relationship;

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   (g)     share or shared the same household or residence; or

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   (h)     are in or have been in a relationship determined by the court to be a domestic relationship;

“domestic violence” in relation to a person—

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   (a)     means an action which harms, injures or endangers health, safety, life, limb or well-being, whether mental or physical;

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   (b)     includes—

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      (i)     threats of physical abuse,

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      (ii)     physical abuse,

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      (iii)     threats of sexual abuse,

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      (iv)     sexual abuse,

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      (v)     emotional abuse,

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      (vi)     verbal abuse,

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      (vii)     psychological abuse,

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      (viii)     coercion,

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      (ix)     molestation,

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      (x)     arbitrary deprivation of liberty,

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      (xi)     forced confinement,

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      (xii)     economic abuse,

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      (xiii)     intimidation,

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      (xiv)     harassment,

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      (xv)     stalking or cyberstalking,

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      (xvi)     damage to, destruction or deprivation of property, or

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      (xvii)     entry into the applicant's residence without consent, where the parties do not share the same residence;

“economic abuse”—

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   (a)     means—

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      (i)     the avoidance of financial obligations owed to a person, including a child or dependant of the person,

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      (ii)     an act which coerces, exploits or limits the financial resources of a person, child or dependant of the person;

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   (b)     in relation to a person, child or dependant of the person, includes—

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      (i)     the deprivation or threatened deprivation of financial resources the person, child or dependant may be entitled to under the law or requires out of necessity,

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      (ii)     the deprivation or threatened deprivation of household necessities, mortgage or rental payments,

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      (iii)     the disposal or threatened disposal of his or her household effects or other property,

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      (iv)     the alienation of—

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         (A)     moveable or immoveable property;

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         (B)     shares, securities, bonds or other similar assets;

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         (C)     an interest in property by virtue of the domestic relationship;

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         (D)     property required by the person, a child or dependant of the person,

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      (v)     the prohibition or restriction of access to resources or facilities used by virtue of the domestic relationship;

“emotional, verbal and psychological abuse” includes—

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   (a)     repeated insults, ridicule or name-calling;

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   (b)     repeated threats to cause emotional pain;

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   (c)     repeated exhibition of possessiveness or jealousy, whether or not resulting in deprivation of privacy, liberty, integrity or security;

“ex parte application” means an application made to the Court without notice to the respondent;

“final protection order” means a protection order under section 34(b);

“firearm” has the meaning assigned under section 2 of the Firearms Act;

“gazetted officer” has the meaning assigned under section 2 of the Police Act;

“harassment”—

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   (a)     means conduct that induces the fear of harm;

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   (b)     includes conduct by a person that entails—

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      (i)     watching or loitering outside or near the building or place where a person, child or dependant of the person resides, works, carries on business, studies or happens to be,

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      (ii)     repeatedly making telephone calls or inducing another person to make telephone calls to a person, child or dependant of the person, whether or not conversation ensues,

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      (iii)     repeatedly sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic messages or other objects to a person, child or dependant of the person,

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      (iv)     repeatedly following, pursuing or accosting a person, child or dependant of the person with the intention of inducing fear or causing harm;

“interim protection order” means an interim protection order under section 21;

“intimidation” means uttering, conveying or causing a person to receive a threat which induces fear;

“member of the household” means a person who resides in the same dwelling house as the applicant or the respondent and is related to the applicant or respondent by consanguinity, affinity or adoption;

“Minister” means the Minister responsible for gender affairs;

“monetary relief” means compensation granted by the Court to an applicant, where an act of domestic violence has caused the victim—

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   (a)     to suffer a loss of earnings;

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   (b)     to incur—

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      (i)     medical expenses,

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      (ii)     dental expenses,

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      (iii)     relocation expenses,

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      (iv)     accommodation expenses,

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      (v)     expenses for household necessities,

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      (vi)     other expenses;

“parent” includes a guardian or a person who has parental responsibility for a child;

“physical abuse” means an act of assault or an intentional or reckless act of a person, with or without that other person's consent, that—

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   (a)     applies force to or causes an impact on the body of another person;

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   (b)     causes another person to fear that force or impact is imminent;

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   (c)     is likely or intended to cause injury to another person;

“police officer” has the meaning assigned under section 2 of the Police Act;

“probation officer” means a person appointed as a probation officer by the Public Service Commission;

“protection order” means—

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   (a)     an interim protection order;

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   (b)     a final protection order;

“public officer” has the meaning assigned under section 124 of the Constitution of Saint Lucia;

“repealed Act” means the Domestic Violence (Summary Proceedings) Act;

“respondent” means a person—

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   (a)     who is or has been in a domestic relationship with the applicant; and

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   (b)     against whom the applicant has applied for or obtained a protection order;

“sexual abuse” means conduct that abuses, humiliates, degrades or otherwise violates the sexual integrity of a person;

“shared household” means a place where the applicant and the respondent reside or resided together in a domestic relationship;

“social worker” means a person appointed by the Public Service Commission within the Court;

“spouse” includes—

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   (a)     a former spouse;

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   (b)     a cohabitant

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   (c)     a former cohabitant;

“stalking” includes repeatedly following, pursuing or accosting a person;

“victim” means a person who alleges to have been subjected to an act of domestic violence;

“visiting relationship” means relations where the parties do not live together in the same household, and there are consensual romantic, intimate or sexual relations;

“weapon” includes a cutlass, knife, stick or anything that can be used as an object to threaten or cause physical harm to a person.