Domestic violence unfortunately plagues our society. The statistics show that in 2021 there were 1, 336 cases of domestic violence reported. In 2022 that figure rose to 1,690. In 2023 the number almost doubled with 2,646 cases being reported. According to the Institute of Gender and Development Studies for the period January 2024 to August, 2024 there were 1227 reported cases of domestic violence from which, 28 murders resulted.
Given its prevalence, the Domestic Violence Act was amended in an attempt to strengthen its deterrent powers against perpetrators and provide greater support to victims.
What is Domestic Violence?
According to the Domestic Violence Amendment Act domestic violence is defined as physical, sexual, emotional or psychological, or financial abuse committed by a person against a spouse, child or any other person of the household or dependant.
Physical abuse is any act which causes a person to suffer physical injury and includes the commission of a criminal offence. Engaging in physical abuse by its very nature can result in a criminal offence such as assault.
Sexual abuse means any forced or threatened sexual contact, as well as any attempted or committed sexual offences listed in the First Schedule of the Act, inclusive of but not limited to rape, incest and sexual assault.
Emotional or psychological abuse consists of behavior which purpose is to undermine the emotional or mental well-being of another. This can happen through intimidation by using abusive or threatening language, persistent stalking, depriving the usage of property, forced confinement of a person, persistent telephoning of a person at their residence or place of work, amongst others.
Financial abuse is behavior which purpose is to exercise coercive control over, exploit or limit a person’s access to financial resources so as to ensure financial dependence.
Noteworthy is the fact that a person who engages in domestic violence can also be subject to criminal charges for offences listed under the First Schedule of the Act.
What can I do if I am experiencing Domestic Violence?
A person in a relationship characterized by domestic violence has two options as follows:
- They can make a domestic violence report to the Police, who can then file an application for a Protection Order.
- Alternatively, they can apply directly to the Court for a Protection Order on the grounds that the abuser has engaged in domestic violence against them.
What is the effect of a Protection Order?
A Protection Order if granted, may include a range of prohibitions or directives aimed at safeguarding the applicant. It can prohibit the abuser from:
- Approaching the applicant within a specified distance;
- Engaging in communication with the applicant;
- Being on the same premises as the applicant;
- Engaging in conduct that would constitute domestic violence.
It may also direct the abuser to:
- Return property to the applicant;
- Pay compensation or interim monetary relief;
- Immediately vacate any residence for a specified time; and
- Receive counselling or therapy as necessary.
It should be noted that the options above are not an exhaustive list and as such, the Court may prohibit or direct the abuser on other matters based on the circumstances of the application.
Usually, a Protection Order can last up to three (3) years, however, under the recent amendment where the perpetrator of domestic violence is also convicted of a criminal offence, the court may extend the Protection Order for a longer period based on the need to protect the victim beyond the term of imprisonment.
What is the role of the Police?
Under the Act, the Commissioner of Police ought to establish and maintain a National Domestic Violence Register. Police Officers responding to domestic violence reports must then update the Register by entering all Orders and domestic violence reports. This Register however, will be accessible to Police Officers only and not the public.
Moreover, a Police Officer must respond to every complaint made alleging domestic violence by making a detailed record of the complaint, providing the person making the complaint with a copy of the report and conducting investigations into the report made. Furthermore, Police Officers can obtain warrants from the Court authorizing them to enter premises and take necessary action to prevent the commission or repetition of the offence or a breach of the peace.
Equally as important, where there is a Protection Order in force and a Police Officer has reasonable grounds to believe that a person has breached the Order he may detain and arrest that person without a warrant.
Conclusion
Domestic violence remains a pervasive issue in society, with increasing reported cases each year. The recent amendments to the Domestic Violence Act aim to enhance protection for victims and strengthen deterrence against perpetrators. By understanding the various forms of domestic violence, the legal protections available, and the role of law enforcement, individuals can take informed steps to seek help and ensure their safety. Combating domestic violence requires a collective effort, emphasizing awareness, legal support, and societal responsibility to create a safer environment for all.
Submitted by:
Analisa Ramsaran
Public Defender Entry
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Email:
Website: www.laaa.org.tt
