The Domestic Violence Act Chap. 45:56 is intended to provide immediate and just relief to victims of domestic violence. The act was passed in 1999 and widened the scope of protection to victims of abuse beyond the infliction of physical violence.
Prohibited conduct
Domestic violence under the act is defined as physical, sexual, emotional, psychological or financial abuse committed by a person against a spouse, child, any other member of the household or a dependant.
Conduct coming within the category emotional and psychological abuse include abusive language, action which can be loosely termed “stalking,” persistent telephone harassment, intimidation and so on. Financial abuse involves abusing one’s position of control over another person’s financial position. So that deliberately starving a person of funds needed for their upkeep or well-being would fall within such behaviour prohibited by the Act.
Protection Order
The act provides for a Protection Order as the main remedy for victims of domestic violence. A protection order is an order of the court preventing an abuser from engaging or threatening to engage in conduct which would constitute domestic violence towards the applicant or a child of the applicant or a dependant.
The protection order can prevent an
abuser from:
• being in certain place such as the applicant’s residence, neighbourhood, business, school or workplace;
• engaging in direct or indirect communication with the applicant e.g. telephone calls, emails or letters;
• approaching the applicant within a specified distance; or
• causing or encouraging another person to do the above.
The order can also force the abuser to:
• return the applicant’s property;
• pay compensation for monetary loss incurred by an applicant as a direct result of domestic violence such as medical expenses, dental expenses etc;
• pay interim maintenance for the applicant and/or a child.
• leave any place or residence even if owned or rented by the abuser.
• give up to the police any firearm licence, firearm or other weapon which he may have.
• pay or continue to pay the rent or mortgage for applicant’s premises.
•ensure that reasonable care is provided for a child or dependant person or applicant or both.
• receive professional counselling or
therapy.
Who can seek relief
Many categories of people may apply for a protection order. Victims as well as people closely connected with a victim can seek relief.
Of note, a police officer or approved social worker may also make an application on behalf of a victim of domestic violence. This allows a neighbour or someone who is aware of a domestic violence situation to report to the police or an approved social worker the existence of a domestic violence case.
The police under section 21 of the act must respond to every report alleging domestic violence whether or not the person making the report is the victim.
The act also acknowledges the power of the police to enter premises without a warrant where there is reasonable cause to suspect that violent conduct is being engaged in or attempted.
Next week we will look at the procedure for getting a Protection Order and penalties for its breach.
This column is not legal advice. If you have a legal problem you should consult a legal adviser. Co-ordinator: Roshan Ramcharitar