The Family Support Network (FSN) has welcomed the coming into force of the Domestic Violence Act, 2011. According to President of FSN Judith Charles, the Act not only gives Magistrates sometime effective to work with, and potential violators something to think about, but also gives confidence to victims of domestic violence “that they do not have to stay in their situation anymore”. Photo: VINO/File

The Act took effect on Wednesday, October 31, 2012 which coincided with the end of Domestic Violence Awareness month.

The new provisions declared in the Act will allow police officers to respond to all complaints, or reports alleging domestic violence whether or not the complainant is the victim.

According to President of FSN Judith Charles, the Act not only gives Magistrates sometime effective to work with, and potential violators something to think about, but also gives confidence to victims of domestic violence “that they do not have to stay in their situation anymore”.

She said she didn’t feel that the law would make women more reluctant to report their abuser for fear of them being prosecuted and jailed but feels it is more going to strengthen domestic violence victims’ response to what is happening to them.

“First of all the law is a non-biased law, it includes men and women because there are plenty of men who are being physically and emotionally abused by women and we have seen a few at FSN. Yes the law has a lot of stronger consequences and punishment for things like if a person breaches a protection order. Before there was one penalty for breaching a protection order now there are three and each time you breach it you can get jail time and a fine or jail time or a fine,” Charles said.

“The reason why this law has been strengthened, and some people might find the consequences of this law to be very strict, is because there was no domestic law in the place before so people just did whatever and there was no real law for the magistrate to act on as such.”

The Domestic Violence Act, 2011 broadens the definition of domestic violence to include: economic abuse, intimidation, harassment, stalking, and damage to and destruction of property while offering protection to persons in visiting relationships.

An important component of the new law, Charles was the inclusion of stalking as an offence.

“Stalking is incredibly important...We never had a stalking law here and we had people who have been stalked and people who have died as a result of it. This is real now and people also need to understand this. The law is stricter but that is the Government’s attempt to create a deterrent to people breaking the law.”

The Domestic Violence Act, 2011 gives police officers a duty to inform both victim and perpetrator of their rights. Furthermore, they can arrest, without warrant, persons suspected of domestic violence.  As part of the process, police officers must also complete a domestic violence report as part of a Domestic Violence Register to be maintained by the Commissioner of Police. 

An application for a protection order may be brought on behalf of the victim by any person, including a police officer or an approved social worker who has a material interest in the well-being of the victim.