Domestic Violence

Domestic violence or domestic abuse is generally violence perpetrated by one spouse or co-habitant on to another in a domestic relation. In the majority of cases it is the weaker sex who suffers at the hands at the more dominant male. In most cases the abused know that she is abused but is reluctant to seek help as she might feel that seeking help would aggravate the situation and lead to more abuse.{{more}} What is depressing about the situation is that abuses sometimes take place in front of the children. Children grow up and the vicious circle continues – the male grows to become the abuser while the female continues to be the victim. We have to break the vicious cycle and make domestic abuse a thing of the past.

The Draft Bill

The current Domestic Violence Act, Number 13 of 1995 has certain limitations because of its narrow approach to domestic violence. While providing for persons to approach the Family Court for protection, occupation and tenancy orders it does not set out in any detail the various elements of domestic violence, The OECS Draft Bill on Domestic Violence broadens the protection for the abused.

Whereas the current Act deals with some of the most serious aspect of domestic abuse it confines itself to physical and mental injuries. In practice the court must actually see physical scars or “I will kill you” threats to be moved to action. If one alleges mental injury then one must have a medical doctor certify this. This could have serious implication for the care and custody of children.

The OECS Draft Bill (the Bill) which would become an Act with the approval of parliament offers more protection for victims of domestic violence. It defines domestic abuse as any controlling or abusive behavior that harms the health, safety or well-being of the applicant or any child in the care of the applicant and includes, but is not limited to, the following:

* physical abuse or threats of physical abuse;
* sexual abuse or threats of sexual abuse
* emotional, verbal or psychological abuse
* economic abuse
* intimidation
* harassment
* stalking
* damages or destruction of property
* entry into the applicant’s residence without consent, where the parties do not share the same residence.

The Bill provides for the Court to issue Interim and Final Protection Orders in which directions and prohibitions may be ordered. It actually stipulates and defines other behaviours associated with domestic violence. For example, it adds emotional, verbal and psychological abuse as one form of domestic violence. The Bill defines emotional, verbal and psychological abuse as degrading or humiliating conduct by the respondent to the applicant and includes:

* repeated insults, ridicule or name calling;
* repeated threats to cause emotional pain;
* repeated exhibition of behavior which constitutes serious invasion of the applicants privacy, liberty, integrity or security

Kelly Clarkson in her song and video, ‘Because of You’ drives home the point of the viciousness of the domestic violence having seen it as a child while it was done to her mother. Listen to the lyrics of the song more attentively when next you hear it.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com