(a) complainant permanently or temporarily resides, is employed or carries on business; (b) respondent resides, is employed or carries on business; or (c) cause of action arose, has jurisdiction to grant a protection order under this Act. (2) For the purposes of subsection (1)(a) or (b), no minimum period of residence is required. Manner of application for a protection order 6. (1) A person who requires a protection order may, in the prescribed form and manner, make an application to the court. (2) An application referred to in subsection (1) must be accompanied by an affidavit deposed to by the applicant and which affidavit must state - (a) the facts on which the application is based; (b) the nature of the order applied for; and (c) the police station where any breach of the protection order is most likely to be reported. (3) An application made under subsection (1) may be accompanied by supporting affidavits deposed to by persons who have knowledge of the matter. (4) The clerk of the court, or a prosecutor assigned to the court concerned, must inform an applicant who approaches him or her for the purpose of making an application of the relief available under this Part and must assist the applicant to prepare the application. (5) If it is the wish of the complainant, his or her physical address may be omitted from the application, in case the court may not make an order forbidding the respondent to enter the complainant’s residence. (6) The application prepared under subsection (1), and supporting affidavits, if any, must, in the prescribed form and manner and during the prescribed times, be lodged with the clerk of the court who must, as soon as is reasonably possible, submit the documents to the court. (7) Any person who intentionally gives false information in respect of an application for a protection order commits an offence and is liable on conviction to a fine which does not exceed N$4000 or imprisonment for a period which does not exceed one year, or to both the fine and imprisonment. Criteria for granting of and contents of protection order 7. (1) Subject to subsection (2), a court must grant a protection order if it is satisfied that there is evidence that the respondent is committing, or has committed domestic violence towards or in connection with the complainant.
(a) complainant permanently or temporarily resides, is employed or carries on business; (b) respondent resides, is employed or carries on business; or (c) cause of action arose, has jurisdiction to grant a protection order under this Act. (2) For the purposes of subsection (1)(a) or (b), no minimum period of residence is required. Manner of application for a protection order 6. (1) A person who requires a protection order may, in the prescribed form and manner, make an application to the court. (2) An application referred to in subsection (1) must be accompanied by an affidavit deposed to by the applicant and which affidavit must state - (a) the facts on which the application is based; (b) the nature of the order applied for; and (c) the police station where any breach of the protection order is most likely to be reported. (3) An application made under subsection (1) may be accompanied by supporting affidavits deposed to by persons who have knowledge of the matter. (4) The clerk of the court, or a prosecutor assigned to the court concerned, must inform an applicant who approaches him or her for the purpose of making an application of the relief available under this Part and must assist the applicant to prepare the application. (5) If it is the wish of the complainant, his or her physical address may be omitted from the application, in case the court may not make an order forbidding the respondent to enter the complainant’s residence. (6) The application prepared under subsection (1), and supporting affidavits, if any, must, in the prescribed form and manner and during the prescribed times, be lodged with the clerk of the court who must, as soon as is reasonably possible, submit the documents to the court. (7) Any person who intentionally gives false information in respect of an application for a protection order commits an offence and is liable on conviction to a fine which does not exceed N$4000 or imprisonment for a period which does not exceed one year, or to both the fine and imprisonment. Criteria for granting of and contents of protection order 7. (1) Subject to subsection (2), a court must grant a protection order if it is satisfied that there is evidence that the respondent is committing, or has committed domestic violence towards or in connection with the complainant.
combating-of-domestic-violence-act-bf47e7ead3.docx