In Nigeria, a restraining order is a court order that prohibits an individual from engaging in certain behaviors or actions, typically to protect another person or entity.
Types of Restraining Orders
Interim Injunction: A temporary order granted until the court makes a final decision.
Perpetual Injunction: A permanent order granted after a court trial.
Grounds for a Restraining Order
Threats or Violence: To protect a person from physical harm or threats.
Harassment: To stop persistent and unwanted behavior.
Stalking: To protect a person from being followed or monitored.
Property Damage: To prevent damage to property.
Disturbance of Peace: To maintain public peace and order.
Procedure for Obtaining a Restraining Order
File a Motion: The applicant files a motion for a restraining order at the court.
Supporting Affidavit: The applicant must provide a supporting affidavit stating the facts and reasons for the application.
Hearing: The court may grant an interim injunction pending a hearing.
Service of the Order: The respondent must be served with the restraining order.
Relevant Laws:
The Constitution of the Federal Republic of Nigeria 1999: Section 33 protects the right to life, and Section 34 protects the right to dignity.
The Criminal Code Act, LFN 2004: Sections 351-355 deal with assault and battery.
The Matrimonial Causes Act, LFN 2004*: Section 15 deals with protection orders in domestic violence cases.
The Violence Against Persons (Prohibition) Act, 2015 (VAPP Act) is a Nigerian law that provides protection against various forms of violence, including domestic violence, sexual violence, and other forms of abuse.
Relevant Sections of the VAPP Act:
Section 3: Prohibits violence against persons.
Section 4 : Provides for protection orders, including restraining orders.
Section 5: Deals with the procedure for obtaining a protection order.
A restraining order offers numerous benefits, including protection from harm, safety, emotional relief, and empowerment. It prevents contact and restricts movement while also providing documentation and support.
Ultimately, a restraining order holds perpetrators accountable and provides legal recourse for victims of domestic violence.
