By Bamidele Popoola

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The need to protect victims of domestic violence cannot be overemphasised especially with the rise in the incidents nationwide. Despite the availability of legal provisions against domestic violence, victims display hesitation in seeking legal redress owing to some social stigma and other issues relating to low  self-esteem. But how can they be helped out legally?

In Nigeria, both federal and state laws protect spouses from domestic violence. In Ondo State, the Violence Against Persons (Prohibition) Law, enacted in 2021, is the most recent legislation addressing this issue in the state. However, having laws in place is only part of the solutions; enforcing these laws and ensuring justice for victims is equally crucial.

As advocates against gender-based violence and promoters of effective prosecution, we face significant challenges in balancing the principles of fair hearing with the need for speedy justice. The International Federation of Women Lawyers (FIDA) Nigeria, Ondo State branch, while fulfilling its objective of promoting, protecting and preserving the rights, interests and well-being of women, children, and persons with disabilities, has provided pro bono legal services to indigent women subjected to domestic violence.

To “accelerate action” and protect victims of domestic violence, we must address the challenges they face. These include family and societal pressures to withdraw cases against spouses, as well as lengthy prosecution times. To combat these issues, FIDA Ondo recommends:

– Establishing special courts in each magisterial district to reduce case processing times

– Implementing proper documentation and tracking systems to monitor case progress and convictions

– Providing post-judgment support and tracking for victims

– Collaborating with stakeholders and civil societies to ensure comprehensive support, from reporting crimes to providing shelter and vocational training.

Domestic violence being a violation of human rights affect individuals across all ages and gender across the world.

   It is disheartening to state that victims of various forms of domestic violence in Nigeria are unaware that they are victims of abuse. This could be as a result of the society’s normalization of abusive behaviors.

However, such victims of Domestic Violence may be protected by the Court in the following ways:

Protection Order/Interim Protection Order:        The Court may by means of a Protection Order prohibit the Respondent, that is, the abuser from committing any act of domestic violence; enlisting the help of another person to commit any such act; entering a shared household, entering the victim’s residence or place of employment or preventing the victim from entering or remaining in the shared household; alienating, disposing or encumbering the shared household or committing any other act from which it is necessary to protect the victim, including an Order directing the Respondent, that is, the abuser to secure alternative accommodation for the victim. A breach of a Protection Order or any interim Order constitutes an offence and carries the appropriate punishment under the relevant Nigerian Law.

Custody Order: The Court may order temporary custody to be passed in favor of the aggrieved person in pending Applications for Protection Orders. The nature of custody provided is temporary and has no effect on personal/civil laws governing issues of permanent custody. The issue of custody is to be decided in keeping the interest and welfare of the victim in mind.

Interim Orders: The Court is also empowered to issue Interim Orders in order to provide immediate and emergency relief to victims of domestic violence.

These and several other ways are legal means whereby a victim of Domestic Violence can be protected in Nigeria.

Protecting domestic violence victims legally in Ondo State and Nigeria in general requires a multi-faceted approach. Despite existing laws, victims often face challenges in seeking justice due to systemic barriers and biases. To address this, the following measures can be taken:

Effective Implementation of the One State Violence Against Persons (Prohibition) Laws, 2021 and Violence Against Persons (Prohibition) Act,  2015: Ensure that the VAPP Act is domesticated and implemented across all States, providing a uniform legal framework for protecting victims.

Establishment of Specialized Courts: Set up specialized Domestic Violence Courts in each State, with trained Judges and Prosecutors, to handle cases efficiently and sensitively.

Increased Access to Protection Orders: Simplify the process for obtaining protection orders, making it easier for victims to access immediate protection.

Improved Police Response: Train Police Officers to respond effectively to domestic violence cases, ensuring that victims receive timely and adequate support.

Collaboration with NGOs and Community Organizations: Foster partnerships between government agencies, NGOs, and community organizations to provide victims with access to counseling, shelter, and other support services.

Public Awareness Campaigns: Launch nationwide public awareness campaigns to educate citizens about domestic violence, its effects, and the available resources, helping to reduce stigma and encourage victims to seek help.

Capacity Building for Legal Aid Counsel: Provide training and resources for legal aid counsel to effectively represent domestic violence victims, ensuring they receive quality legal assistance.

Establishment of a National Domestic Violence Hotline: Create a national hotline for victims to report cases and access immediate support and guidance.

Inclusion of Domestic Violence Education in School Curricula: Integrate domestic violence education into school curricula to promote awareness and prevention among young people.

Continuous Review and Amendment of Laws: Regularly review and amend laws and policies to ensure they remain effective and responsive to the needs of domestic violence victims.

By implementing these measures, Nigeria can strengthen its legal framework and provide better protection for domestic violence victims.

Domestic violence victims can be legally protected through restraining orders, criminal prosecution, and support services, but the criminal justice system’s effectiveness depends on enforcement, resources, and victim cooperation. Jurisdictions differ widely—some offer robust protections, while others lag—so local laws and advocacy groups are critical for tailoring solutions.

One of the most immediate legal tools is a restraining order. These orders can require the abuser to stay a certain distance away from the victim’s home, workplace, or children.

However, if the abuser violates the order, the victim must report it, and police response times or willingness to act can be inconsistent. Penalties for violations (fines, jail time) depend on local laws and judicial discretion.

One of the most immediate legal tools is a restraining order (or protection order, depending on the region). Victims can petition a court to prohibit the abuser from contacting, approaching, or harming them. These orders can require the abuser to stay a certain distance away from the victim’s home, workplace, or children.

It can also mean having to prohibit communication, including through third parties or online platforms.

Criminal charges like assault, battery, or stalking can lead to police intervention after a report, potentially leading to an arrest.

Victims may fear retaliation or financial dependence on the abuser, deterring them from cooperating. The burden of proof (beyond a reasonable doubt) can also make convictions difficult without strong evidence.

Our laws should provide victim advocates to guide individuals through legal processes, explain rights, and help with safety planning and also special domestic violence courts in some areas.

There is a need to reduce intimidation and empower victims to engage with the system. Laws like the U.S. Violence Against Women Act (VAWA), Violence Against Person Prohibition Act (VAPPA) or similar frameworks elsewhere provides that domestic violence against any person is a serious crime and government policies which would prioritize education programs in schools and communities should be explored to challenge cultural norms glorifying violence or gender inequality, coupled with early intervention, like subsidized counseling for at-risk families.

Enhanced training for law enforcement agents to recognize subtle signs of abuse, paired with technology-driven solutions like risk monitoring that is practical could shift the focus from reaction to proactive safety.

While enforcement remains key, prevention through policy aims to dismantle the root causes, reducing incidents before they escalate.

Domestic violence victims can be legally protected through a combination of legal frameworks, support systems, and societal awareness. Here are some key measures:

Strengthening Legal Frameworks

   –           Enforce Existing Laws: Ensure strict enforcement of laws criminalizing domestic violence, including physical, emotional, and economic abuse.

   –           Protection Orders: Provide immediate protection orders (restraining orders) to prevent abusers from contacting or approaching victims.

   –           Criminal Penalties: Impose harsher penalties for repeat offenders and those who violate protection orders.

   –           Legal Aid: Offer free or subsidized legal assistance to victims to help them navigate the legal system.

 Support Systems

   –           Shelters and Safe Houses: Establish and fund shelters for victims and their children to provide a safe environment.

    –          Counseling Services: Provide access to psychological and emotional support for victims to help them recover from trauma.

   – Hotlines and Helplines: Operate 24/7 helplines for victims to report abuse and seek immediate assistance.

 Awareness and Education

   – Public Awareness Campaigns: Educate the public about domestic violence, its consequences, and the legal rights of victims.

   – Training for Law Enforcement: Train police, judges, and legal professionals to handle domestic violence cases sensitively and effectively.

   – School Programs: Implement educational programs to teach young people about healthy relationships and the importance of respect and equality.

                Empowerment and Economic Support

 – Economic Independence: Provide job training, employment opportunities, and financial assistance to help victims become economically independent.

   – Child Support and Custody: Ensure fair child support and custody arrangements to protect the interests of children and victims.

                Community Involvement

   – Community Watch Programs: Encourage community members to report suspected domestic violence and support victims.

                 International Cooperation

   – Adopt Best Practices: Learn from and adopt best practices from other countries that have successfully reduced domestic violence.

   – International Legal Frameworks: Align domestic laws with international conventions and treaties that protect victims of domestic violence.