means a person who has reached the age of 18 years;

means a person who applies for an order under this Act on their own behalf or for the benefit of another person or persons;

means a person who is under the age of 18 years;

includes the Registrar of a court;

means the office of Commissioner of Police established under section 129 of the Constitution of the Republic of Fiji;

means an order for compensation made under section 39;

means a court set out in section 8;

means the relationship between a man and a woman who live or lived with each other as spouses on a genuine domestic basis although not legally married to each other;

has the meaning set out in section 3;

means—

• (a)a personal violence offence committed by the offender against a person with whom the offender is or has been in a family or domestic relationship;
• (b)a property damage offence committed by the offender against a person with whom the offender is or has been in a family or domestic relationship; or
• (c)the offence of breach of a domestic violence restraining order under section 77;

means—

• (a)an order referred to in section 23 consisting of standard non molestation conditions, referred to in sections 27 and 28, and any additional conditions that a court applies, referred to in sections 29 to 38 inclusive; and
• (b)includes an order that varies such an order;

means the Family Law Act 2003;

means the relationship of—

• (a)spouse;
• (b)other family member;
• (c)person who normally or regularly resides in the household or residential facility;
• (d)boyfriend or girlfriend;
• (e)person who is wholly or partly dependent on ongoing paid or unpaid care or a person who provides such care;

in relation to an order made under this Act means an order that deals with a substantive matter in issue in proceedings on a final basis;

means an order made by a court in a prescribed foreign country, being—

• (i)an order to protect a person from behaviour by the person against whom the order is made, where, if the behaviour occurred in Fiji it would be behaviour in respect of which a domestic violence restraining order could be made under this Act; or
• (ii)an order that varies, discharges, or is made in substitution for, such an order; but does not include—
  • (i)an order made ex parte; or
  • (ii)an order of an interim nature; or
  • (iii)an order made by a court in a prescribed foreign country that varies, discharges, or is made in substitution for, an order made by a court in Fiji that is registered or is otherwise enforceable in that country;

includes—

• (a)any structure or vessel or part of a structure or vessel that can be used as a residence;
• (b)any mobile home, caravan or other means of shelter placed upon any land that can be used as a residence;

in relation to an order made under this Act means an order that deals with a substantive matter in issue in proceedings on an interim basis pending further hearing of that particular matter;

has the meaning given to it by section 2 of the iTaukei Lands Act 1905, and includes land administered or regulated under the Banaban Lands Act 1965 and the Rotuma Lands Act 1959;

means an order by a court that may be made or has been made under this Act including an order—

• (a)made in the absence of the respondent;
• (b)made without notice to the respondent, and
• (c)made on an interim or final basis;

means any of the following—

• (a)parent, grandparent, step-parent, father-in-law, mother-in-law;
• (b)child, grandchild, stepchild, son-in-law, daughter-in-law;
• (c)sibling, half-brother, half-sister, brother-in-law, sister-in-law;
• (d)uncle, aunt, uncle-in-law, aunt-in-law;
• (e)nephew, niece, cousin;
• (f)clan, kin or other person who in the particular circumstances should be regarded as a family member,

provided that, if a person was or is in a de facto relationship with another person the relationship of other family member includes a person who would be included if the persons in that de facto relationship were or had been married to each other;

means a person who perpetrates domestic violence as defined in section 3;

means clothing, furniture, household appliances, effects and other similar property in the possession or control of—

• (a)the respondent; or
• (b)a person who is or will be protected by the domestic violence restraining order;

means any member of the Fiji Police Force;

includes a police post;

means a country within the Commonwealth or which is a member of the Pacific Islands Forum, or any other country prescribed by regulations for this purpose;

means a resident Magistrate or Judge presiding in proceedings under this Act,

includes proceedings where a court exercises jurisdiction under this Act in the course of other proceedings before the court;

means property that a person protected by a domestic violence restraining order owns or does not own, but where the person does not own the property, the property was—

• (a)used or enjoyed by the person;
• (b)available for the person’s use or enjoyment;
• (c)in the person’s care or custody; or
• (d)at the person’s home or place or residence;

means property that a victim owns or does not own, but where the person does not own the property, was—

• (a)used or enjoyed by the person;
• (b)available for the person’s use or enjoyment;
• (c)in the person’s care or custody; or
• (d)at the person’s home or place or residence;

means a person who is protected by a domestic violence restraining order made under this Act and includes a person protected by an interim order or a final order;

means a foreign domestic violence restraining order that is registered in a court pursuant to section 62;

means regulations made under this Act;

means a person against whom an order is sought or made under this Act;

means the rules made under this Act unless the context otherwise requires;

means a conference referred to in section 58, conducted in accordance with that section, to attempt to resolve details about how the safety of a victim will be ensured and other matters relating to the objectives and principles in this Act so far as the objectives and principles are relevant in a particular case;

means a clerk of the court or another senior administrative officer of the court;

means any act of a sexual nature by one person towards another which is or was violence as defined in subsections 3(2)(a), (d), (e), (f) or (g);

includes a person who is or has been in a de facto relationship with the other person;

means an order made under section 36;

means payment of, or contribution towards, any of the following expenses of a protected person, by the respondent—

• (a)medical expenses;
• (b)living expenses (for example food, necessities);
• (c)accommodation expenses (for example rent, mortgage, loans, electricity, fuel bills);
• (d)relocation expenses (for example telephone calls, transport, establishing a child at a new school);
• (e)purchase of household necessities; and
• (f)any other expenses of an urgent nature that the court considers reasonably necessary;

means a victim of domestic violence as defined in section 3, including a child as set out in that section;

means any article—

• (a)used or threatened to be used by a person to cause injury to a person;
• (b)made or adapted for use to cause injury to a person; or
• (c)intended to be used, or which may be used, by a person who has possession of it, or access to it, to cause injury to a person; and

means a licence of a kind issued under the Arms and Ammunition Act 2003.