Revised Laws of Saint Lucia (2023)

37.   Terms of a protection order

  1.  

    (1)   In specifying the terms of a protection order, the Court may—

    1.  

      (a)     prohibit the respondent from—

      1.  

        (i)     committing an act of domestic violence,

      1.  

        (ii)     enlisting the assistance of a person to commit an act of domestic violence,

      1.  

        (iii)     entering a shared household,

      1.  

        (iv)     entering a specified part of a shared household,

      1.  

        (v)     entering the residence of the victim or applicant,

      1.  

        (vi)     entering the place of employment of the victim or applicant,

      1.  

        (vii)     preventing the applicant, or any child or dependant who ordinarily resides or has resided in the shared household from entering or remaining in the shared household or a specified part of the shared household,

      1.  

        (viii)     taking possession of, using, damaging, converting or otherwise dealing with property of the victim or applicant,

      1.  

        (ix)     approaching the victim or applicant within a specified distance,

      1.  

        (x)     committing any other act as specified in the order;

    1.  

      (b)     direct that—

      1.  

        (i)     the conditions of a protection order be applied for the benefit of a child or dependant,

      1.  

        (ii)     the applicant and the respondent or any other person affected, receive professional counselling or psychoeducational group therapy from a person or agency which is approved in writing by the Director,

      1.  

        (iii)     the respondent—

        1.  

          (A)     return to the victim or applicant specified property that is in his or her possession or under his or her control;

        1.  

          (B)     pay monetary relief to the victim or applicant;

        1.  

          (C)     pay monetary relief to the victim or applicant for the benefit of a child or dependant, where there is no existing order in effect with respect to maintenance;

        1.  

          (D)     immediately vacate a shared household for a specified period;

        1.  

          (E)     make or continue to make payments with respect to rent or mortgage obligations for the property occupied by the applicant;

        1.  

          (F)     vacate a shared household; or

        1.  

          (G)     return to the applicant or victim any specified property that is in his or her possession or control,

      1.  

        (iv)     a police officer—

        1.  

          (A)     removes the respondent, immediately or within a specified time, from the shared household;

        1.  

          (B)     accompanies the applicant, either immediately or within a specified time, to a property, to supervise the removal of items belonging to the applicant;

    1.  

      (c)     refuse the respondent's contact with a child or dependant where evidence indicates that the contact is not in the best interest of the child or dependant;

    1.  

      (d)     order structured contact with a child or dependant;

    1.  

      (e)     order a police officer to seize a firearm in the possession of the respondent, where an affidavit made under section 18 contains information to the effect that—

      1.  

        (i)     the respondent has threatened to injure the victim, or

      1.  

        (ii)     possession of the firearm by the respondent may result in injury to another person;

    1.  

      (f)     any other terms the Court considers necessary.

  1.  

    (2)   Where the Court makes an order under subsection (1)(b)(ii)—

    1.  

      (a)     the order must specify that the professional counsellor or therapist shall—

      1.  

        (i)     give written notice to the Court of sessions missed by the applicant, the respondent or both parties, without reasonable excuse, and

      1.  

        (ii)     submit a report to the Court with respect to the counselling or psychoeducational group therapy, at a date determined by the Court, which includes a prognosis for recovery.

  1.  

    (3)   Where a person has refused or willfully neglected to comply with the direction under subsection (1)(b)(ii) the person is liable to a penalty of $10,000.

  1.  

    (4)   The Court may grant a final protection order for a period not exceeding 3 years.

  1.  

    (5)   Where a final protection order contains a prohibition or direction, the Court may specify a period for each condition or prohibition and each period must—

    1.  

      (a)     not exceed 3 years; and

    1.  

      (b)     run concurrently.