The Family Safety Act 2013 also establishes protection orders (PO), which can be applied for
in relation to any domestic relationship.19
Inquiry Info Point 4: What is a Protection Order?20
A PO is an order issued by the Family Court to prevent an alleged perpetrator
of domestic violence from accessing the victim for a set period of time in order
to provide protection. It provides:
•
•
•
•
A safety net for victims;
A safety net for the children;
A safety boundary for the victim and the perpetrator to continue to
care for their children; and
A safety space where the victim can continue their life without further
suffering at the hands of the alleged perpetrator.
There are two types of protection – an ‘Interim PO’ or a ‘Permanent PO’
Interim PO must always be applied for first, and once the Court has received it
they will promptly consider it and issue an Interim PO which is valid for 2 weeks
(this can be extended when the matter is called to Court).
Once the order has been issued it is referred to the Police for execution and as
soon as the police serve the order to the alleged perpetrator it becomes
effective. After the Interim PO period the Court sets a date to hear the
evidence put forward by the complainant and to give the alleged perpetrator
the right to respond. If the Court is satisfied with the evidence of domestic
violence, or if the respondent fails to turn up, a Permanent PO may be issued,
valid for two years.
How does it work?
*Filing a protection order application is free (unless applied for through a
lawyer who may charge for their services)*
There are four ways a person can apply for a PO:
• Directly in person through the Ministry of Justice and Courts
Administration (MJCA), Court Division at Mulinu’u. The Registrar helps
a victim (or a person acting behalf of a victim) complete an application
form and prepare a sworn statement that sets out the incidents of
domestic violence in support of the application; or
• Through a representative such as Samoa Victim Support Group (SVSG)
or any other representative who may file the application on the
victims behalf; or
19
Refer to Part II of the Family Safety Act 2013.
Explanation provided to the Inquiry by Savalenoa Mareva Betham-Annandale. Family Law Barrister and Solicitor. Written
submission. Document 8 Inquiry anthology, accessible at www.ombudsman.gov.ws.
20