Protection Orders:
Domestic Violence Teaching Series
Tips: Answering Questions in Court
- Focus on what you know
- Do not lie about anything. If you are unsure, say that you don't remember
- Do whatever it takes to make yourself comfortable: wear your favourite clothes, drink water, cry, have a family member/best friend sit in court
- Trust that the court will be able to tell the difference between truth and dishonesty
- Remember that the person that you have accused (and their lawyer) may say that your claim is false, and even, try to make you look bad
- It is important to remember that going to court many not be easy:
- The questions you are asked may be every personal
- The accused party may try to make your story sound wrong
- The accused may lie about the situation, and people may believe them
Sometimes lawyers, judges and police are not helpful. They may not be as understanding as you may have expected. They may treat you unfairly because of your gender financial statue, age and a variety of other discriminating factors. Even if the ruling is in your favour and a protection order is granted. The conditions of the order are the courts' decision and may not live up to your expectoration.
In court, you will be asked about the statement you signed with the Police. During the trial, you will be asked questions by the lawyer of eh person you have brought to court. This can be very difficult because sometimes this lawyer will ask questions that you may not feel comfortable talking about. It is a good idea to have someone in the courtroom who is there to support you. The trial can be very difficult.
When a Decision is made
- Decision are made by the court not by you
- Decision made by the court are binding for up to one year or 12 months
- After this period an extension can be granted in need be
- Protection orders do not often remove the accused from the home
If removal of the accused from the home is what you want apply for an occupation order. The process for this type of order is very similar to that of a protection order
Protection Orders are court orders that are issued to prevent someone from carrying out or repeating a threat/act of domestic violence.
How to apply for a protection order?
To apply for a protection order you must go to a court or DOVVSU location in the area that you reside, where your abused resides or where the act of domestic violence is occurring.
After a claim is filed, it should take a maximum of 14 days for the claim to be heard by the court. If you are in immediate danger, an interim protection order should be issued by the court during the time in between. In most cases, the application can be filed in the absence of the accused. Once a court date is set, the proceedings will be conducted in the presence of both the applicant and the accused. Protective measures can be put into place by the court in order to ensure your safety.
You should see s lawyer before, during and definitely once a court date is set. If you cannot afford a lawyer contact one of the legal aid organizations listed on below for guidance. You will need a lawyer while the claim is being heard by the court.
When an Application for a Protection Order is Approved
The case goes to court. This is not always as intimidating as it sounds but there are things that you need to know before going to court. Some people think that protection orders will automatically result in harsh rulings such as removing the accused from the domestic setting or a jail sentence. This is not the case. usually protection orders are very specific and depend on the situation. Protection orders can be granted for up to a maximum of 12 months with the possibility of extension.
When the case is in court, it is important to remember that YOU ARE A WITNESS. You are the witness to what happened to you. You will have to "testify" (tell your story) in the trial. This means you will most likely see the person that you have filed a claim against in the court. It is very important to remember to always be honest. Never lie. If you don't remember something, say so.
Before applying for a protection orders it is recommended that you contact the police, and talk to a lawyer
Contact
WiLDAF Ghana
Accra Phone: 233 302 768349
Volta Region Office: 233 3620 26076
Western Region Office: 233 3120 21552
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Other Legal Organization Service Providers:
FIDA Ghana (International Federation for Women Lawyers)233 302 229283
Women's Help Organizations
Ark Foundation 233 302 511610
Ark Foundation Crisis Response Line 233 243 777773
WISE (Women's Initiative for Self Empowerment) 233 302 781003
DOVVSU (Domestic Violence Support Unit) 233 302 687744, 233 302 662438
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