If the injury is very minor and is not an arrestable offence, the police will ask the victim whether she wishes to apply for a temporary protection order from the Court, to make sure that such an incident does not happen again.
The police will ask her whether she is in any immediate danger and if the wife’s answer is ‘yes’, then an order may be applied from the Court to protect her from further serious harm. The police will contact the Welfare department and a welfare officer will obtain the necessary paper to apply for the order. The officer requires a police report and a police confirmation that the matter is under investigation. With these two documents the welfare officer will go to the Magistrates Court to arrange to see the Magistrate and ask for an interim protection order.
Service of the Interim Protection Order
After getting the order, a copy must be given to the police within 24 hours to serve it on husband or offender once he has received the order, he is not allowed to repeat the act; if he does so he is considered in breach of the interim protection order and can be charged in Court.
The purpose of this protection order is to ensure that if the husband or offender repeats the same act of violence he will be charged in Court; and if convicted will be subject to a fine or a jail term. If the violence is repeated, the offender will be subject to a minimum 72 hours lock–up in jail if the Court thinks that this is necessary.
The interim protection order can be applied by the victim herself if she possesses all the necessary documents, meaning the police report and a confirmation that the matter is under police investigation. But it is advisable that the she sees a lawyer or gets the help of the Welfare department. If the temporary protection is not served on the husband as soon as possible things may get complicated as the violent person will still be at large.
It is very important to ensure that the victim is not left alone in a dangerous situation which could be a matter of life and death to her.
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