In Nigeria, domestic violence remains a pervasive issue that shatters lives and undermines the safety and dignity of
countless women. The emotional, physical, and psychological toll of abuse can leave survivors feeling trapped and powerless.
However, Nigerian law offers ranges of protective measures and restraining order that can help women reclaim their safety
and peace of mind. This guide provides a compassionate and comprehensive overview of how abused women in Nigeria can navigate
the legal system to secure protection, with a focus on empowering survivors to take action.
Understanding Domestic Violence in Nigeria
Domestic violence encompasses a range of abusive behaviors, including physical harm, sexual assault, emotional manipulation, psychological
abuse, economic control, stalking, and harassment. In Nigeria, the Violence Against Persons (Prohibition) Act of 2015 (VAPP Act) and
state specific laws, such as the Protection Against Domestic Violence Law of Lagos State 2007, define domestic violence broadly to
include these acts, whether they occur in private or public settings. These laws recognize the right of every individual to live free from
fear and harm.
For many women, the decision to seek legal protection could be daunting. Fear of retaliation, societal stigma, poverty or lack of awareness
about available options can make the process feel overwhelming. Yet, taking the step to secure a restraining order or other protective measures
can be a powerful act of self-preservation and a critical step toward breaking free from abuse.
What Are Restraining Order and Protective Measures?
A restraining order, also known as a protective order, is a court-issued directive designed to stop an abuser from further harming,
threatening, or contacting the victim. In Nigeria, these orders are legally binding and can include provisions to:
Prohibit the abuser from contacting or approaching the victim, their children, or their home.
Restrict the abuser from coming within a specified distance of the victim’s residence, workplace, or children’s schools.
Grant temporary custody of children to the victim.
Order the abuser to vacate a shared home.
Mandate the abuser to pay court and legal fees.
Protective measures extend beyond restraining orders and may include emergency interventions by law enforcement, such as Domestic Violence
Protection Notices (DVPNs), and support from organizations like the Lagos State Domestic and Sexual Violence Response Team (DSVRT). These
measures aim to provide immediate safety and long-term support for survivors.
The Legal Framework in Nigeria
Nigeria’s legal system provides several avenues for women to seek protection:
The Violence Against Persons (Prohibition) Act, 2015 (VAPP Act): This federal law applies across Nigeria and criminalizes various forms of
violence, including domestic abuse. Section 28(1) of the VAPP Act allows victims to apply for a protection order effective throughout the
country. The Act also prohibits acts like female genital mutilation, forced eviction, and emotional abuse, ensuring comprehensive protection.
Lagos State Domestic and Sexual Violence Response Team (DSVRT): In Lagos, the DSVRT plays a pivotal role in assisting survivors. They provide
legal, medical, and emergency support, helping women navigate the process of obtaining restraining orders from magistrate courts. The Protection Against Domestic Violence Law of Lagos State 2007 defines domestic violence broadly and empowers courts to issue protective orders.
Other State Laws: States like Ekiti have enacted laws such as the Gender-Based Violence (Prohibition) Law, which allows courts to issue interim
protective orders. While the VAPP Act applies federally, state-specific laws may offer additional protections, so it’s crucial to understand
the laws in your jurisdiction.
Steps to Obtain a Restraining Order in Nigeria
Securing a restraining order involves several steps, but you don’t need to face the process alone. Organizations like the DSVRT, National
Human Rights Commission (Nationwide), NGOs, and legal aid providers can offer guidance and support. Here’s a comprehensive step-by-step guide
to obtaining a restraining order in Nigeria:
1. Recognize the Abuse and Seek Safety
If you’re in immediate danger, your safety is the priority. Call the police or contact a trusted organization like the DSVRT (in Lagos) or
SOS ‘Violence Conjugale’ for emergency assistance. If possible, move to a safe location, such as a friend’s house, family member’s home, or a
domestic violence shelter. I always advice women who are suffering from abuse or likely to suffer physical abuse to always keep a working phone
in a strategic location around them and have contacts on speed dial, this is because, most of the time, these abusers tend to first cut their
victim’s means of communication at the time the abuse is ongoing, reaching for such phone at that crucial time could save a life. People do get
justice even when they are dead, but the aim here is to be alive to enjoy the peace that comes with justice.
2. Gather Evidence
To strengthen your case, document the abuse as thoroughly as possible. This may include:
Photos of physical injuries or property damage.
Screenshots of threatening messages or emails.
Medical reports from hospital visits.
Witness statements from neighbours, friends, or family who have seen or heard the abuse.
Police reports, if you’ve reported incidents previously.
This evidence will help the court understand the severity of the situation and the need for protection.
3. File a Petition
You can apply for a restraining order at a Magistrate Court or High Court in the state where you live or where the abuse occurred. In Lagos,
the DSVRT can assist with this process. Please take note of the following;
Who Can File: You, as the victim, can file directly. Alternatively, someone with an interest in your well-being (e.g., a counselor, social
worker, or family member) can file on your behalf, especially if you’re a minor, unconscious, or unable to consent due to fear.
Forms: Obtain a petition form from the court or an organization like the DSVRT. Fill it out carefully, detailing the incidents of abuse,
including dates, times, and the nature of the harm.
No Lawyer Required: While legal representation is advisable, you can file without a lawyer. NGOs and legal aid services can provide free or
low-cost assistance.
4. Request an Interim or Emergency Order
If you’re in immediate danger, you can request an interim protection order (ex parte), which can be issued without the abuser being present.
This order provides temporary protection, typically lasting 7–14 days, until a full hearing can be held. Emergency orders may also be issued
by the police in urgent situations, though these typically expire after a few days.
5. Attend the Court Hearing
After filing, the court will schedule a hearing where both you and the abuser (the respondent) can present your cases. If the abuser was not
notified initially (for an ex parte order), they’ll be served with the order and summoned to the hearing. At this stage, be prepared to:
Present your evidence and testimony.
Explain why the order is necessary for your safety.
Request specific protections, such as no-contact provisions or child custody.
The judge will decide whether to grant a final protection order, which can last up to one or two years, depending on the circumstances. In
some cases, extensions or permanent orders may be possible. Please note, that it is very important that you present your case clearly to the
court, your request (prayers) must be clear, and evidence of abuse well presented can guarantee the success of such requested order.
6. Ensure Enforcement
Once granted, the restraining order must be served to the abuser, either in court or by law enforcement. Always keep a copy of the order with
you and inform:
Your local police station, so they’re aware of the order.
Your children’s school, if the order includes protections for them.
Your landlord or mortgage company, if relevant.
If the abuser violates the order, report it to the police immediately. Breaching a restraining order is a criminal offence, and the abuser
may face arrest, fines, or imprisonment.
Additional Protective Measures
Beyond restraining orders, victims of abuse in Nigeria can access other protective measures which includes but not limited to;
Domestic Violence Protection Notices (DVPNs): In some jurisdictions, police can issue a DVPN to an abuser deemed a continuing risk. This notice
requires a court application for a Domestic Violence Protection Order (DVPO) within 48 hours, providing temporary protection.
Shelters and Safe Houses: Organizations like the DSVRT and NGOs offer access to shelters where women can stay safely while pursuing legal action
or rebuilding their lives.
Counseling and Support Services: Groups like the Lagos State DSVRT, Project Alert, and Women’s Aid Collective (WACOL) provide free counseling,
legal aid, and medical support to survivors.
Address Confidentiality: In some cases, you can use forms like the C8 (in Lagos) to keep your address and contact details private during court
proceedings.
Challenges and Considerations
While restraining orders are powerful tools, they come with challenges which has been a cog in the wheels of justice for victims overtime,
these challenges include;
Enforcement Gaps: In some areas, police may lack the resources or training to enforce orders effectively. Advocacy from NGOs can help
bridge this gap.
Societal Stigma: Cultural attitudes may discourage women from reporting abuse. Support groups and community awareness campaigns can help
shift these perceptions.
Risk of Retaliation: Separation or legal action can escalate abuse, especially during the initial stages. Safety planning, such as
changing routines or securing a safe location, is critical.
Access to Legal Aid: While no lawyer is required, navigating the court system can be complex. Organizations like the DSVRT and legal
aid NGOs can provide free or affordable assistance.
Resources for Support
If you or someone you know is experiencing abuse, you’re not alone. You can reach out to these organizations for help:
Lagos State Domestic and Sexual Violence Response Team (DSVRT): Call 08000-333-333 or visit their office for legal, medical, and
emergency support.
Project Alert on Violence Against Women: Offers counseling, legal aid, and shelter services.
Women’s Aid Collective (WACOL): Provides legal assistance and advocacy for women’s rights.
SOS Violence Conjugale: Offers 24/7 support for survivors of domestic violence.
Nigeria Police Force: Contact your local police station or call 112 in emergencies.
National Human Rights Commission (present in all 36 states in Nigeria including the FCT)
Empowering Yourself to Act
Taking the step to seek a restraining order or any other protective measures is an act of courage and self-love. It’s a declaration
that you deserve to live free from fear and harm. While the process may feel intimidating, you have the right to safety, and there
are people and organizations ready to support you every step of the way.
If you’re unsure where to start, reach out to a trusted friend, family member, or organization like the DSVRT, Legal Aid or National
Human Rights Commission. Keep records of the abuse, prioritize your safety, and know that the law is on your side. You are stronger
than you know, and with the right tools and support, you can secure the protection you need to build a safer, brighter future.
