Section 46: Interpretation

In this Act-
"Abandonment of women, children and other persons" means deliberately leaving women, children and other persons. under the perpetrator's care, destitute and without any means of subsistence;
"accredited service provider" means governmental, non-governmental, faith based, voluntary and charitable associations or institutions providing shelter, homes, counseling, legal, financial, medical or other assistance to victims of domestic violence and are registered with the appropriate Government Ministry under the provisions of this Act;
"circumcision of a girl or woman" means cutting off all or part of the external sex organs of a girl or woman other than on medical ground;
"civil proceedings" means-
(a) proceedings for the making, variation or discharge of a protection order, safety order or interim protection order;
(b) proceedings by way of appeal or case stated which are related to proceedings to which paragraph (a) applies; or
(c) proceedings under this Act for compensation or award; "Court" means both the Magistrates Court and High Court;
"damage to property" means the wilful destruction or causing of mischief to any property belonging to a person or in, which a person has, a vested interest;
"dangerous weapon" means any instrument or machine directed toward a person with the intention of inflicting bodily harm on such person and includes a gun, knife, stick, whip or other household appliance capable of inflicting bodily harm on a person;
"domestic relationship" means a relationship between any person and a perpetrator of violence constituted in any of the following ways—
(a) they are or were married to each other, including marriages according to any law, custom or religion;
(b) they live or have lived together in a relationship in the nature of marriage, although they are not or were not married to each other;
(c) they are the parents of a child or children or are the persons who have or had a parental responsibility for that child or children:
(d) they are family members related by consanguinity, affinity or adoption;
(e) they are or were in an engagement, dating or customary relationship, including actual or perceived romantic, intimate or sexual relationship of any duration; or
(f) they share or recently shared the same residence.
"domestic violence" means any act perpetrated on any person in a domestic relationship where such act causes harm or may cause imminent harm to the safety, health or well being of any person;
"economic abuse" means -
(a) forced financial dependence;
(b) denial of inheritance or succession rights,
(c) the unreasonable deprivation of economic or financial resources to which any person is entitled or which any person requires out of necessity, including -
(i) household necessities,
(ii) mortgage bond repayments, or
(iii) payment of rent in respect of a shared residence; or
(d) the unreasonable disposal or destruction of household effects or other property in which any person has an interest;
"emergency monetary relief' means compensation for monetary losses suffered by any person arising from an act of violence and does not in any way constitute a maintenance order, including -
(a) loss of earnings;
(b) medical and dental expenses;
(c) relocation and accommodation expenses; (d) household necessities; or
(e) legal fees related to obtaining and serving the protection order.
"emotional, verbal and psychological abuse" means a pattern of degrading or humiliating conduct towards any person, including -
(a) repeated insults,
(b) ridicule or name calling;
(c) repeated threats to cause emotional pain; or
(d) the repeated exhibition of obsessive possessiveness, which is of such a nature as to constitute a serious invasion of such person's privacy, liberty, integrity or security;
"forced isolation from family and friends" includes preventing a person from leaving the home or from having contact with family, friends or the outside community;
"harassment" means engaging in a pattern of conduct that induces fear of harm or impairs the dignity of a person including –
(a) stalking:
(b) repeatedly making telephone calls or inducing another person to make telephone cal Is to a person, whether or not conversation ensues; and
(c) repeatedly sending, delivering or causing delivery of information such as letters, telegrams, packages, facsimiles, electronic mail, text messages or other objects to any person;
"harmful traditional practices" means all traditional behaviour, attitudes or practices, which negatively affect the fundamental rights of women, girls, or any person and includes harmful widowhood practices, denial of inheritance or succession rights, female genital mutilation or female circumcision, forced marriage and forced isolation from family and friends:
"incest" means an indecent act or an act which causes penetration with a person who is, to his or her knowledge, his or her daughter or son, granddaughter or son, sister or brother, mother or father, niece or nephew, aunt/uncle, grandmother or granduncle;
"indecent exposure" means the intentional exposure of the genital organs, or a substantial part thereof, with the intention of causing distress to the other party;
"intimidation" means the uttering or conveying of a threat or causing any person to receive a threat, which induces fear, anxiety or discomfort;
"perpetrator" means any person who has committed or allegedly committed an act of violence as defined under this Act;
"persons" in this Act is as defined in the Interpretation Act under section 18, Cap. 192, Laws of the Federation of Nigeria, 2004;
"physical abuse" means acts or threatened acts of physical aggression towards any person such as slapping, hitting, kicking and beating;
"political violence" means any act or attempted act of violence perpetrated in the course of political activities, such as elections, and includes any of the following acts -
(a) thuggery;
(b) mugging;
(c) use of force to disrupt meetings; or
(d) the use of dangerous weapons that may cause bodily harm or injury;
"protection officer" means an officer appointed under section 39 of this Act in relation to and for the purpose of this Act;
"protection Order" means an official legal document, signed by a Judge that restrains an individual or State actors from further abusive behaviour towards a victim;
"sexual abuse" means any conduct which violates, humiliates or degrades the sexual integrity of any person;
"sexual assault" means the intentional and unlawful touching, striking or causing of bodily harm to an individual in a sexual manner without his or her consent;
"sexual exploitation" occurs where a perpetrator, for financial or other reward, favour or compensation invites, persuades, engages or induces the services of a victim, or offers or performs such services to any other person;
"sexual harassment" means unwanted conduct of a sexual nature or other conduct based on sex or gender which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment and this may include physical, verbal or non-verbal conduct;
"Sexual intimidation" means -
(a) any action or circumstances which amount to demand for sexual intercourse with either a male or a female under any guise, as a condition for passing examination, securing employment, business patronage, obtaining any favour in any form, as defined in this Act or any other enactment;
(b) the actual demand for sexual intercourse with either a male or female under any guise, as a condition for passing examination, securing employment, business patronage and or obtaining any favour m any form, as defined in this Act or any other enactment;
(c) acts of deprivation, withholding, replacing or short-changing of entitlements, privileges, rights, benefits, examination or test marks or scores, and any other form of disposition capable of coercing any person to submit to sexual intercourse for the purpose of receiving reprieve thereto; or
(d) any other action or inaction construed as sexual intimidation or harassment under any other enactment in force in Nigeria.
"spouse" means husband or wife as recognised under the Matrimonial Causes Act, Islamic and Customary Law;
"spousal battery" means the intentional and unlawful use of force or violence upon a person, including the unlawful touching, beating or striking of another person against his or her will with the intention of causing bodily harm to that person:
"stalking" means repeatedly -
(a) watching, or loitering outside of or near the building or place where such person resides, works, carries on business, studies or happens to be; or
b) following, pursuing or accosting any person in a manner which induces fear or anxiety;
"State actors" means group of persons; structured or organised institutions and agencies;
"substance attack" means the exposure of any person to any form of chemical, biological or any other harmful liquid with the intention to cause grievous bodily harm, which includes acid attack, hot water, or oil;
"trafficking" means the supply, recruitment, procurement, capture, removal, transportation, transfer, harbouring, sale, disposal or receiving of a person, within or across the borders of the Federal Republic of Nigeria, for use in sexual acts, including sexual exploitation or pornography of any person;
"victim" -
(a) means any person or persons, who, individually or collectively, have suffered harm, including-
(i) physical or mental injury,
(ii) emotional suffering,
(iii) economic loss, or
(iv) substantial impairment of their fundamental rights, through acts or omissions that are in violation of this Act or the criminal laws of the country; and
(b) includes the immediate family or dependants of the direct victim and any other person who has suffered harm in intervening to assist victims in distress;
"violence" means any act or attempted act, which causes or may cause any person physical, sexual, psychological, verbal, emotional or economic harm whether this occurs in private or public life, in peace time and in conflict situations:
"violence in the private sphere" means any act or attempted act perpetrated by a member of the family, relative, neighbour or member of a community, which causes or may cause any person physical, sexual, psychological, verbal, emotional or economic harm;
"violence in the public sphere" means any act or attempted act perpetrated by the State or non-State actors before, during and after elections, in conflict or war situations, which threatens peace, security and well-being of any person or the nation as a whole;
"violence perpetrated by non-State actors" includes-
(a) wrongful arrest and detention;
(b) assault;
(c) use of force without lawful authority;
(d) unlawful entry into the premises; or
(e) demolition of property without due processes:
"vulnerable groups" means women, children, persons Jiving under extreme poverty, persons with disability, the sick and the elderly, ethnic and religious minority groups, refugees, internally displaced persons, migrants and persons in detention.