Frequently Asked Questions About:

The Domestic Violence Act

Domestic Violence

What legislation governs domestic violence in Ghana?
What is domestic violence?
What is a domestic relationship?
Can offenders argue that their position gives them the power or authority to cause harm to the victim?
Are those who provide assistance to victims of domestic violence protected under the Act?
Are those who assist or encourage domestic violence offenders accountable under the Act?
Will offenders and those who assist them be punished?
Are any other remedies available under the Act?

The Rationale for the Act

Why is the Act necessary if the courts already prosecute domestic violence under the criminal law?

Filing a complaint

How can I file a complaint under the Act?
Where can I file a complaint?
Will the police actually be of help?
What if the victim requires medical treatment but cannot afford to pay?
How are arrests made?

Going to Court

Do victims have to take the issue to court?
Will everyone know about the incident?
Will I have to faces questions from my abuser in court?

Protection and occupation orders

What is a protection order?
What is an occupation order?
Can victims receive compensation from offenders?
How do I file a protection order?
What if protection is needed immediately?
What if the alleged offender will not attend court?
How long do protection orders last for?
What if the offender will not obey the order?
If a victim of domestic violence makes a complaint or applies for a protection order under the Act, can the victim still sue the abuser in civil court, and can the abuser still face additional criminal charges?
What else does the Domestic Violence Act do?

What legislation governs domestic violence in Ghana? The Domestic Violence Act, 2007 (Act 732).  Most instances of domestic violence are also offences under the Criminal Offences Act. Top

What is domestic violence? Under the Domestic Violence Act, domestic violence means harming or threatening a person with whom one shares, or previously shared, a domestic relationship.  Domestic violence may take the form of a single act or a pattern of behaviour.  Types of domestic violence that the Act forbids include: physical assault, forcible confinement, depriving another person of access to adequate water, food, clothing or shelter, sexual abuse, economic abuse, emotional, verbal or psychological abuse, harassment, and threatening to commit physical, sexual, economic, or emotional abuse or harassment.  Top

What is a domestic relationship? Under the Act, a domestic relationship includes current or past family relationships or relationships similar to a family relationship.  In addition, a number of other existing or pre-existing relationships are caught under the term ‘domestic relationship.’  These include cases in which the parties: live together in a marriage-like relationship even though they are not married, are engaged to each other, are parents of a child or are expecting a child, share the same residence or are co-tenants, or are parent and child.  A domestic relationship also includes situations in which one party is a house help in the other party’s home.

Essentially, a domestic relationship is determined by the amount of time people spend together, where they spend time together, how they spend time together, and the length of the relationship.  In addition, the Act states that a domestic relationship exists when a person provides refuge to another person who is under threat of attack, and when a person encourages or acts as the agent of an attacker.  Top

Can offenders argue that their position gives them the power or authority to cause harm to the victim? No, this is not a valid defence under the law. Top

Are those who provide assistance to victims of domestic violence protected under the Act? Yes. Anyone who offers assistance or shelter to a victim is considered to be in a domestic relationship and is thus protected by the Act. Top

Are those who assist or encourage domestic violence offenders accountable under the Act? Yes. Anyone who offers assistance or encouragement to an offender is considered to be in a domestic relationship and is thus liable under the Act. Top

Will offenders and those who assist them be punished? Yes. Anyone who violates the Act faces punishment. Punishment may include paying a fine of up to 500 penalty units, being imprisoned for up to two years, or both. The court may also order the offender to pay compensation to the victim. Top

Are any other remedies available under the Act? Yes.  The court may issue a protection order requiring an offender to seek counseling, refrain from contacting the victim, or pay the victim’s medical expenses.  In some cases, after consideration of a social and a psychological enquiry report (prepared by a social welfare officer and a clinical psychologist), the court may issue an occupation order requiring the offender to move away from the matrimonial home and continue to pay rent, mortgage payments and maintenance to the victim. Top

Why is the Act necessary if the courts already prosecute domestic violence under the criminal law? The Domestic Violence Act for the first time specifically criminalizes domestic violence and provides victims with important remedies that have not been available until now (see protection and occupation orders below).  The Act was passed because use of the criminal law was not sufficiently combating domestic violence in Ghana.  It is important to note, however, that the criminal law can and will still be used to deal with some forms of violence that would fall under the broad definition of domestic violence laid out by the Act.  For example, instances of domestic violence that are very severe and are punishable by more than three years imprisonment, such as rape and defilement, will continue to be dealt with by the criminal law. Top

How can I file a complaint under the Act? Victims, their family members, others assisting a victim, or anyone with information about domestic violence may file a complaint with the police.  Children must be assisted by a parent, relative or guardian to make a complaint.  Social workers, probation officers and hospital staff may also file complaints. Top

Where can I file a complaint? You may file a domestic violence complaint with the police at a police station in the area in which either the victim or offender lives, or where the incident took place, or where the victim, having left his/her usual home, is currently staying. Top

Will the police actually be of help? Upon receiving a complaint, police officers have a duty under the Act to interview the parties and witnesses, record all important details and, upon request, give a copy to the victim in their preferred language.  The police must also help the victim to find a safe place to stay or obtain medical treatment if necessary, and must inform the victim of his/her rights and the services available to him/her. Top

What if the victim requires medical treatment but cannot afford to pay? A victim who requires medical care will be given a medical form by the police and shall receive free treatment. Top

How are arrests made? An officer may make an arrest for an offence of domestic violence with or without a warrant. A warrant is not needed where the officer witnesses the offense, where an officer is prevented from performing his/her duties by the person arrested, or where the offender has tried to escape arrest. In addition, a police officer may make an arrest without a warrant if he/she reasonably suspects that the person either has committed an offence of domestic violence, or is about to and cannot be prevented from doing so except by being placed under arrest.

A person who is not a police officer may also arrest an offender without a warrant if he/she reasonably suspects that the offender has violated the Act. In this case, the person who makes the arrest must hand the offender over to the police. Top

Do victims have to take the issue to court? No. By making a complaint to the police under the Domestic Violence Act you are not required to bring a case to court.

In addition, courts will often refer domestic violence cases in which the accused faces a sentence of two years or less to be settled out of court, if that is what the victim wants and if the court believes the matter can be settled peacefully using an alternative method.  If a settlement occurs out of court, the parties may have to attend counseling, receive psychiatric care or be assigned a Probation Officer. If a Probation Officer is appointed and finds that the accused has engaged in any acts of domestic violence after a settlement, he/she will be brought back before the court and prosecuted. Top

Will everyone know about the incident? No, newspapers are only allowed to report on criminal cases.  Further, anyone who reports on a criminal proceeding under the Act must protect the identity of the victim, and faces a fine and/or imprisonment if they do not. Top

Will I have to faces questions from my abuser in court? The Act provides that the alleged victim and alleged offender may be separated during the hearing if the court believes that the presence of the alleged abuser is likely to have a serious adverse effect on the alleged victim or a witness. Top

What is a protection order? A protection order is an order given by a court to a victim of domestic violence or to their representatives or relatives. Protection orders are meant to protect these people from acts or threats that violate the Act, and may prohibit offenders or those who assist them from assaulting, threatening, harassing or contacting victims.  In addition, protection orders may prevent the offender from damaging, hiding or disposing of the victim’s property, and may prohibit the offender from coming within fifty metres of the victim. Top

What is an occupation order? An occupation order is a court order requiring an alleged offender to leave the matrimonial home or any other specified home.  Under the Act, an occupation order will only be granted after consideration of a social and a psychological enquiry report prepared by a social welfare officer and a clinical psychologist.  The Act also requires the court to consider the effect of the order on the health, education and development of the family.

To further protect the victim, the Act states that where an occupation order gives exclusive occupation to the victim, a landlord is not allowed to evict the victim solely because he/she is not named in the lease. Top

Can victims receive compensation from offenders? Yes. In addition to fines and imprisonment, the court may order an offender to pay compensation to the victim. Top

How do I file a protection order? An application for a protection order can be filed by a victim of domestic violence or by another individual who is providing assistance or shelter to the victim.  The application may be filed in a court located close to where either the victim or offender lives or works, or where the incident occurred.  Police officers will assist victims of domestic violence to apply for protection orders.

Applications are generally made ex parte, which means that the applicant does not need to provide notice of the application to the alleged offender.  Once an application for a protection order is filed, it must be heard by the court within fourteen days.  The hearing will be in private, and will provide both the alleged victim and alleged offender with an opportunity to say why they think a protection order should or should not be made.  Social workers and psychologists may help with the request by showing how the alleged victim or his/her family has been affected by violence. Top

What if protection is needed immediately? When it receives an application for a protection order, the court may, if it believes it is in the best interests of the applicant, issue an interim protection order without a formal hearing.  The interim protection order will provide the alleged victim with immediate protection.

When granting an interim protection order, the court will summon the respondent to appear before it within three months to show cause why the interim protection order should not be made final. Top

What if the alleged offender will not attend court? The alleged offender should attend court to defend themselves. If he/she does not attend, an interim protection order automatically becomes a final order. Top

How long do protection orders last for? Final protection orders last for up to twelve months and can be cancelled, varied or extended by the Court.  Anyone for whose benefit a protection order has been granted, and anyone who has had a protection order granted against them, may apply to the court to have the order discharged.  A hearing date to determine if the order should be discharged will be set within 30 days of filing of the application.

Interim protection orders last for up to three months. Top

What if the offender will not obey the order? If an offender does not obey an order they are breaking the law. They may be fined or imprisoned as a result.  The first time a person violates a protection order they may receive a fine of between five and 500 penalty units, a term of imprisonment of between one month or three years, or both.  If a person again violates a protection order the punishment increases, to a fine of between 250 and 1000 penalty units, or imprisonment for up to three years, or both. Top

If a victim of domestic violence makes a complaint or applies for a protection order under the Act, can the victim still sue the abuser in civil court, and can the abuser still face additional criminal charges? Yes, the Act specifically says that criminal charges or civil actions against an abuser are in addition to any protection sought under the Domestic Violence Act.  In other words, an abuser that has a protection order issued against him/her may still be the subject of criminal charges arising from his/her acts of domestic violence, and may still be sued for damages in civil court by the victim. Top

What else does the Domestic Violence Act do? The Act establishes the “Victims of Domestic Violence Support Fund” and the “Victims of Domestic Violence Management Board.”  The Board, according to the Act, is to manage the Fund and propose and promote strategies to prevent domestic violence.  Unfortunately, however, the Fund is yet to be set up.

The Act also states that the Minister of Justice may pass a legislative implement to make Regulations in order to provide for the effective implementation of the Act.  Unfortunately, however, no legislative implement has yet been passed, and thus implementation of the Act to date has been less than full. Top

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