CAYMAN ISLANDS

CAYMAN ISLANDS. The Summary Jurisdiction (Domestic Violence) Law, 1992 (Law No. 20 of 1992) of 17 November 1992. (Cayman Islands Gazette, Extraordinary, Suppl. No. 8, 1992.)

2. In this Law --

"child of the family", in relation to the parties to a marriage, means --

(a) a child of both of those parties; and

(b) any child who has been treated by both of those parties as a child of their family;

"domestic order" means an order made under section 3;

"interim domestic order" means an order made under section 4(1);

"order" means an interim domestic order or a domestic order; and

"party to a marriage" includes a man and a woman who, although not married to each other, are living with each other in the same household as husband and wife, and a reference to the

"matrimonial home" is to be construed accordingly.

3.(1) Either party to a marriage may apply to a magistrate for an order under this section.

(2) If on an application under this section a magistrate is satisfied --

(a) that the respondent has used, or has threatened to use, violence against the applicant or a child of the family; and

(b) that it is necessary for the protection of the applicant or a child of the family that an order should be made under this section, the magistrate may make one or both of the following orders, that is to say --

(d) an order that the respondent must not use, or threaten to use, violence against a child of the family.

(3) If on an application for an order under this section a magistrate is satisfied --

(a) that --

(i) the respondent has used violence against the applicant or a child of the family; or

(ii) the respondent has threatened to use violence against the applicant or a child of the family and has used violence against some other person; or

(iii) the respondent has in contravention of an order made under subsection (2) threatened to use violence against the applicant or a child of the family; and

(b) that the applicant or a child of the family is in danger of being physically injured by the respondent (or would be in such danger if the applicant or child were to enter the matrimonial home),

the magistrate may make one or both of the following orders, that is to say --

(d) an order prohibiting the respondent from entering the matrimonial home.

(4) Where a magistrate makes an order under subsection (3), the magistrate may, if he thinks fit, make a further order requiring the matrimonial home.

4.(1) Where on an application for an order under section 3 a magistrate is satisfied that there is imminent danger of physical injury to the applicant or a child of the family the magistrate may make the order notwithstanding --

(a) that the summons has not been served on the respondent or has not been served on the respondent within a reasonable time before the hearing of the application; or

(b) that the summons requires the respondent to appear at some other time or place.

(2) An interim domestic order does not take effect until --

(a) the date on which notice of the making of the order is served on the respondent in such manner as is specified by the magistrate; or

(b) if the magistrate specifies a later date as the date on which the order is to take effect, that later date.

(3) An interim domestic order ceases to have effect --

(a) 28 days after the date of its making; or

(b) on the commencement of the hearing of the application for the domestic order under section 3, being whichever first occurs.

(4) The expiry of an interim domestic order does not prejudice the making of another interim domestic order.

5.(1) An order may be made subject to such exemptions of conditions as may be specified in the order and, subject in the case of an interim domestic order to section 4(3), may be made for such term as may be so specified.

(2) A magistrate may include in an order a provision that the respondent must not incite or assist any other person to use, or threaten to use, violence against the applicant or, as the case may be, a child of the family.

6. A magistrate may vary or revoke an order on the application of either party to the marriage in question.

7.(1) A person must not fail to comply with any provision of an order applicable to him.

(2) Subsection (1) has effect notwithstanding the penalties specified in section 55(2) of the Summary Jurisdiction Law.

8.(1) If an order contains a provision that the respondent must not --

(a) use violence against the applicant; or

(b) use violence against a child of the family; or

a police officer may arrest the respondent without warrant if he has reasonable cause for suspecting that the respondent is in breach of any such provision.

(2) Whether or not an order contains any of the provisions referred to in subsection (1), a police officer may arrest the respondent without warrant if the police officer has reasonable grounds for believing that arrest is necessary --

(a) to prevent the respondent, in furtherance of his domestic dispute with the applicant --

(i) causing physical injury to himself or any other person; or

(ii) suffering physical injury; or

(iii) causing loss or damage to property; or

(iv) committing an offence against public decency; or

(v) causing an unlawful obstruction of the highway; or

(b) to protect a child or other vulnerable person from the respondent when continuing his domestic dispute with the applicant.

9. Except so far as the exercise by the respondent of a right to occupy the matrimonial home is suspended or restricted by an order, an order does not affect any interest the respondent or any other person may have in the matrimonial home.

10. Summary court rules may be made under section 53 of the Summary Jurisdiction Law for the purpose of giving effect to this Law and may in particular, but without prejudice to the generality of this section, make provision for the hearing without delay of any application for an order.