Availability and Scope of Civil Protection Orders
In Nigeria, victims of domestic abuse can seek civil protection orders to ensure their safety and legal protection against their abusers. The Violence Against Persons (Prohibition) Act (VAPPA) allows for protection orders effective throughout the country. Section 28(1) of VAPPA defines violence broadly, including physical, sexual, psychological, verbal, emotional, and economic harm in both private and public life, during peace and conflict situations.
Specifically in Lagos, the Protection Against Domestic Violence Law (PADVL) enhances these protections. Section 2(1) of the PADVL permits individuals in a domestic relationship, including children under their care, to apply for protection orders if they have been subjected to domestic violence. Lagos State High Courts also have the authority to grant protection orders in civil and criminal cases as provided in Chapter 2 of the High Court of Lagos State Law.
Eligibility and Application Process
Protection orders can be requested by the victim or by another individual with an interest in the victim’s well-being, such as a counselor, health service provider, police officer, social worker, organization, or teacher. If the application is submitted by someone other than the victim, written consent from the victim is required unless the victim is a minor, mentally incapacitated, unconscious, or otherwise unable to provide consent.
Temporary Custody and Child Support Provisions
Nigerian law also allows for temporary child custody orders. Courts can issue orders concerning child contact and custody if it is in the child’s best interest, including restricting or setting conditions for the respondent’s contact with the child. The PADVL in Lagos grants courts the authority to make custody decisions in such cases.
While VAPPA includes provisions for emergency monetary relief in domestic violence cases, this does not equate to child support orders. Nonetheless, under the Child’s Rights Act (CRA) 2003, parents or guardians are obligated to maintain their children, and this right can be enforced in family courts. The CRA also permits courts to order parents or guardians to contribute to a child’s maintenance if the child is placed in care due to neglect, which can include neglect resulting from domestic violence.
Prohibiting Abuser’s Access to Specific Locations
Courts can issue protection orders to prevent the respondent from entering locations frequented by the complainant, such as their residence and workplace, ensuring the victim’s safety in these environments.
Types of Protection Orders
Different types of civil protection orders address various situations:
- Emergency Restraining Order: Issued by the police when the complainant is in immediate danger and cannot immediately file for a more permanent restraining order. These orders typically last a few days.
- No-Contact Order: Issued by a judge during court proceedings if the abuser is charged with a crime, prohibiting any contact between the abuser and the complainant.
- Domestic Violence Restraining Order: Granted after a court hearing, these orders can last for several years, providing long-term protection.
Applications by Victims and Representatives
Protection orders can be requested by the victim, an indirect victim (such as a child), or a legal representative on behalf of a child. In cases involving children, the child’s consent is not required, and anyone with relevant knowledge can support the application through an affidavit.
Duration of Protection Orders
The duration of civil protection orders varies based on the type of order. Temporary restraining orders usually last between seven to 14 days, while domestic violence restraining orders can extend for several years, depending on the judge’s discretion.
Ex Parte Orders
Interim protection orders (ex parte orders) can be issued without the respondent’s presence, as they are not notified beforehand and, therefore, cannot attend the initial hearing.
Extending Protection to Family Members
Emergency orders can extend protection to children under the victim’s care, but Nigerian law does not explicitly extend such protection to other family members.
Documentation and Hearing Requirements
To obtain a protection order, the complainant must file an application and an affidavit with the relevant court. The victim is not required to attend the hearing; instead, officers of the court, the person bringing the application, legal representatives, witnesses, and up to three supporters of the complainant must be present.
Judicial Discretion and Restitution
Judges have significant discretion in granting protection orders based on the balance of probabilities that the respondent has committed or is likely to commit an act of violence. Courts can also order reimbursement for costs and restitution, including lost earnings. However, Nigerian courts often award low amounts for damages, and compensatory costs may not fully reflect the actual expenses incurred.
Conclusion
Civil protection orders in Nigeria offer crucial legal mechanisms for protecting victims of domestic abuse. These orders cover a range of protections, from prohibiting the abuser’s access to the victim’s residence and workplace to providing temporary custody and emergency monetary relief. While the system provides a solid legal framework, practical challenges such as low compensatory damages and limited public access to data on protection order issuance remain. Various NGOs, such as the Lagos State Domestic and Sexual Violence Response Team, LawyerUp Nigeria, The Women Helping Hand Initiative, and the Dorothy Njemanze Foundation, provide essential support to victims navigating these legal processes.