6/3/2018
START DATE
END DATE
9/4/2018
HUSBAND -v- WIFE
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda Appellate Jurisdiction
Domestic Violence Appellate Jurisdiction
S. Subair Williams A/J
Husband appearing in person
Not in attendance Brian Moodie Crown Counsel as amicus
FACTS OF THE CASE:
The Appellant (Husband) challenged the decision of Magistrate Maxanne Anderson, who dismissed his application to revoke a Domestic Violence Protection Order (DVPO) under Section 22 of the Domestic Violence (Protection Orders) Act 1997. The order, initially issued as a temporary order on 8 September 2016, was finalized on 3 October 2016 for a duration of 12 months. The Appellant filed his application for revocation on 24 August 2017, but the Magistrate dismissed it on 4 October 2017, ruling that the protection order had already expired and that the Court lacked jurisdiction. The Appellant argued that he filed the application before the expiry date and was entitled to have his case heard.
SUMMARY:
(1) Did the Magistrates? Court have jurisdiction to hear an application filed before a DVPO?s expiry date? (2) Should an expired protection order be reviewed if it remains a matter of record? (3) Was the Appellant denied a fair hearing due to court scheduling issues?
OUTCOMES:
Appeal allowed decision of Magistrate quashed remitted for determination on merit
RULED IN FAVOUR OF:
Plaintiff (Husband)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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HUSBAND -v- WIFE
The Appellant (Husband) challenged the decision of Magistrate Maxanne Anderson, who dismissed his application to revoke a Domestic Violence Protection Order (DVPO) under Section 22 of the Domestic Violence (Protection Orders) Act 1997. The order, initially issued as a temporary order on 8 September 2016, was finalized on 3 October 2016 for a duration of 12 months. The Appellant filed his application for revocation on 24 August 2017, but the Magistrate dismissed it on 4 October 2017, ruling that the protection order had already expired and that the Court lacked jurisdiction. The Appellant argued that he filed the application before the expiry date and was entitled to have his case heard.