The new Domestic Violence Act came into effect on October sixth and it proposes very strict penalties for men who beat women. According to the Director of Women’s Department Icilda Humes they are pleased that after developing the act of three years, there is a new legislation that does provide far more protection to all victims of abuse. Humes says for quite some time the Women’s Department and their partners have been advocating for change that gives the Family Court more power to deal with such matters. She discussed the penalties today.
Icilda Humes, Director – Women’s Department
“It does provide the Family Court as well as the Police Department with provisions for the authorities in terms of dealing with domestic violence cases. For instance the protection orders can now be issued for up to three years. In the previous piece of legislation, it was only up to 12 months. So that definitely is an increase in that. The definition of domestic violence now includes financial abuse which was not in the previous piece of legislation. Under the Act, the Magistrates can also order payment in terms of financial compensation to an applicant, meaning that if a victim loses time from work, her wages, or his wages, if they had to do dental work or they had to incur medical expenses as a direct result of domestic violence then the Magistrate can order financial compensation to that victim.
The provisions in place in terms of the breach of the orders, the protection orders, the occupation orders, are what we consider to be quite appropriate at this point. I know there are many people who are saying why the penalties need to be more severe but it is a start and we are pleased with it at this point. For a first offense, the penalty can be up to 12 months imprisonment or $9,000 fine. For the second offense it is $12,000 to $15,000 fine or up to two years imprisonment. And for a third offense it is 5 years imprisonment, no fine attached, it is direct sentencing of 5 years.
Defacto spouses, which is what we would call the boyfriend/girlfriend visiting type relationships. Persons in that type of relationship would now be able to apply for protection orders. Under the old legislation it was only persons who were married or living in common law unions.
The legislation is there, it does provide for more security, more options, more protection, more authority to the Police Department and the Family Court but the onus is still on the individual to proceed with the prosecution. The Police Department and the Family Court and the Women’s Department and all the support services can only do so much.”
The Women’s Department states that for sometime now protection orders have not been respected. According to Humes the new law also forces violators to give up weapons used in incidents of domestic violence and abuse. Humes says while they are pleased that the act is now law, there are areas that still need to be amended.
