We are often shocked by the death of women through domestic violence because most of us never believe that it would ever come to that - the man the woman, the children, the police ...and most of the time it does not. Certainly if we felt that it would we would seek to ensure that these deaths do not occur. When it does occur we try to find someone to blame (1) the police (2) her family (3) the bystanders. You see most of us do not believe that in the normal course of things a man would kill someone with whom he has had an intimate relationship and for whom he often professes love or affection. DOMESTIC VIOLENCE ACT Barbados does have an act called the Domestic Violence (Protection Orders) Act at cap 130 of the Laws of Barbados. The Act seeks to define the activities warranting a protection order very broadly including (1) following the victim (2) hiding clothes (3) damaging property (4) conduct capable of amounting to a criminal offence (4) threats of such criminal acts. VICTIM DOES NOT HAVE TO BE COMPLAINANT The Court has the power to grant a protection order upon the application of a number of individuals including the complainant, a member of the household, a Welfare Officer or a Child Care Officer. In a sense then the law allows for the intervention of parties other than the victim. This goes some way in taking the onus from the victim in pursuing the order which the victim might find difficult given the current or the past intimate relationship. It would be interesting to know how often in our society anyone takes up the cause of the victim. SWIFT RESPONSE TO APPLICATIONS The applications are to be heard two days after service on the respondent. So there is an effort to deal with these matters as swiftly as possible. BREACH OF PROTECTION ORDER ALMOST INEVITABLE Very often the Magistrate grants the protection order against both parties. In many instances the breach of the protection order is inevitable as the relationship often necessitates the interaction of the individuals with each other because of living arrangements or children or other domestic activities. The Magistrate may go as far as ordering imprisonment for breach of a protection order. However the penalty will not be life. The individual therefore returns from prison finding himself in a largely unchanged domestic environment. ATTITUDE TO THE VICTIM In case where a man for example is asked to leave the premises, which he might have constructed and which the woman had in his opinion contributed nothing results in deeper anger towards the victim. This might result in what we may consider an irrational conclusion that if he can not live there no one else should. And there are many Barbadians who would agree with him. YOUNG OFFENDERS Sometimes very young people including teenagers find themselves before the Court and it is clear that they are struggling with ordering their lives. What they have witnessed in their young lives is the resolution of issues through violence. They take this into their relationships. Sometimes both parties are guilty of this. However quite often it comes down to who catches the unlucky blow. Sometimes there is young child involved. More experienced people struggle with these issues. It would be unreasonable to expect more from youngsters. At that young age many do not understand that a baby requires a change in lifestyle from them. In these situations where youngsters are involved we could hope for better results with early intervention. ABUSE OF THE PROCESS The applications for protection orders are deliberately simple and do not require the intervention of an attorney. They are not treated as criminal cases. Since the applications are simple there are some mischievous elements of the society that apply for several protection orders and allege breach at the slightest altercation. It is not unknown that the applicant has promised outside of ear shot to ensure that the person against whom the complaints are made is locked up. This amounts to an abuse of the process - even this needs to be addressed. PROVISIONS ON COUNSELLING The provisions that will really provide the society with the help that it needs are those provisions to attach an order for professional counselling from the Family Services Division of the Welfare Department. Under the Act the Welfare Department is required to make reports to the Courts. In these cases the intervention of the Family Services Division is a priority. It is only through counselling and other such interventions that these domestic situations will improve. They will not improve by giving the police greater powers of arrest. FAMILY SERVICES/MEDIATION INSTITUTION These are the provisions that require enhancement. These are the facilities that need to be improved and which would significantly reduce the deaths from domestic violence. Neither the Magistrate nor the Police can address these deep seated problems that affect individual caught up in a spiral of domestic violence. The Magistrate should be able to hand over these cases to some other Family Institution without hindering the right of the police to pursue the criminal aspect of the case. COMMUNITY INTERVENTION In the good old days perhaps fewer family cases reached the Magistrates Court because of certain community leaders who would intervene where there were cases of discord whether within the family or within the wider community. This is no longer the case and hence there is a gap in the justice system. As I had suggested before perhaps some Justices of the Peace could perform this role before the intervention of the police is even required. They too should have power to make referrals to a Family Services/Mediation institution for counselling and other treatment. TIME TO UPGRADE SOCIAL SERVICES Barbados has for a long time been skimping on the provision of social services including mental health issues. This is really where we need to act by reviewing and upgrading these facilities. I am sure that it is many of our economic failings would be helped by this type of intervention as well. If we as a State understand our duties one to another we will also recognise that it is not enough to condemn but to insist on measures to ensure that all of our people live as fulfilling a life as possible.
Posted on: Sat, 24 Aug 2013 12:36:36 +0000
Trending Topics
Recently Viewed Topics
© 2015