Ian Kevin Ramdhanie, MSc,
Principal, CISPS
For many people, Domestic Violence (DV) occurs when the "love" once there between people went bad for a host of reasons. This article shows people how to deal with the crime of DV by using the provisions in place and not the reasons for DV. It really calls for the victim to make that first two steps: (1) make a report and (2) apply for a protection order.
While our DV laws will not solve all of the problems, it contains workable provisions. While no system is perfect, this one can be used to save lives. Dealing with DV is not solely about imprisoning offenders, but the court can order other strategies like counselling, therapy, separation, etc. Both victim and offender can be helped and may eventually get back that love.
Domestic violence comes in many ways–physical, verbal, emotional/psychological, financial and sexual abuse. DV can be committed against spouses, children or any other person who is a member of the household or dependent.
A key tool to deal with DV is a protection order gained through a relatively simple process. If you don't want to get it yourself, someone else can make the application for you. Further, a police officer, social worker or probation officer can apply for it for you.
A person does not have to wait a very long time for the court to grant a protection order. Also, an interim protection order may be granted at any time before or during the hearing of the application.
A whole range of protections are available from the court, eg, prohibiting the alleged perpetrator from: (a) engaging/threatening to engage in DV conduct;
(b) being on residence, business, school, place of work etc;
(c) being in communication with the victim;
(d) approaching the victim within a certain distance; and
(e) causing another person to engage in acts that can be considered DV.
The protection order can also stipulate that the alleged perpetrator:
(a) give the victim back any possession that he/she may have took;
(b) pay compensation for any losses that the victim have may incurred as a result of the DV;
(c) pay interim monetary relief to continue maintaining the person and children even though there may not be any existing order to pay relief;
(d) leave a place for a period of time whether or not jointly owned or leased or even solely owned by the alleged perpetrator;
(e) continue to pay rent or mortgage payments occupied by the victim;
(f) ensure that he/she provides care for children or dependent person;
(g) receive professional counselling, therapy, etc; and
(h) a court can award compensation up to $15,000.
Hearings are held in privacy and parents can be present with children. Protection orders can be varied at any time by the court, eg, if domestic situation worsens or improves.
Recently in T&T, there were several instances where protection orders were violated by alleged perpetrators of DV. These lead to serious injuries and even deaths. This is an area that needs urgent tightening up. However, there are serious consequences for breaching a protection order.
(a) First breach: Fine up to $9,000 or imprisonment for up to 3 months;
(b) Second breach: Fine up to $15,000 or imprisonment up to 24 months or
both;
(c) Subsequent breaches: No more fines. Imprisonment up to five years!
A police officer must respond to every complaint or report alleging DV whether or not the person making the complaint or report is the victim. Every DV complaint must be entered into a National DV Register. One wonders to what extent this register is being maintained.
Magistrates can grant police a warrant to enter a premise where there are reasonable grounds to suspect that a person on a premise has suffered or is in danger of physical injury at the hands of another person amounting to DV and needs assistance.
In fact, if a police officer has reasonable cause to believe that a person is engaging in or attempting to engage in conduct which amounts to physical violence and failure to act immediately may result in serious physical injury or death, he can enter the premise without a warrant to protect such person(s). He shall submit his reports after though to the Commissioner of Police who can take disciplinary action if needed.
Further, if a protection order is in place, and a police officer believes on reasonable grounds that a person has committed or is committing a breach, he may detain and arrest that person without a warrant.
One wonders to what extent all police officers know their powers in dealing with DV in T&T. Also, all citizens should know the provisions available to them when faced with domestic abusers.
It is not too late for a national campaign to be implemented from primary school throughout the entire education system, through communities and villages, young and old, spreading the message that DV will be confronted. Education is the first step. It makes no sense having these laws and systems and people are unaware or untrustworthy of such.
The Caribbean Institute for Security and Public Safety offers a wide range of courses in corporate, supervisory and basic security officer training, law enforcement, first aid, CPR, fire warden and other OSH areas, etc. Contact us at 223-6999 / 222-8347, mail to: info@caribbeansecurityinstitute.com or www.caribbeansecurityinstitute.com for almost 100 courses.