ABSTRACT
Domestic violence is a hybrid creature of the law in that it straddles both the civil and criminal arena. With respect to the civil component of domestic violence, the parties are described as applicant and respondent, not complainant and defendant, with the exception of Barbados and The Bahamas; the standard of proof is the civil standard; the restraining or prohibition orders granted are in the nature of the injunctive relief granted by the high court in the exercise of its civil jurisdiction; and the proceedings are conducted essentially as civil proceedings. However in making protection orders, the court may, and in some of jurisdictions, is required to attach to the order, a power of arrest for breach of the order. More particularly, where there is a breach of a domestic violence order, the breach constitutes a criminal offence, in respect of which criminal sanctions are imposed, whether in the nature of a fine or a term of imprisonment or both.
