A welcome change
SURVIVORS, advocates and legislators have welcomed the The Domestic Violence (Amendment) Act, 2023, which came into effect January 22, and which will provide greater protection to victims of domestic violence.
But what does the law say, and what does it mean for victims?
Here’s what you need to know about your options, if you, or someone you know, are dealing with domestic violence.
1. The Domestic Violence Act (1996) provides enhanced protection to victims of physical and mental abuse from perpetrators they live with, or are involved with in an intimate or familial relationship. The Act specifically provides remedies for domestic violence, through relief from the courts.
2. The Act protects married or unmarried couples, including those in a visiting relationship, as well as any children in the household, or any other members of the household.
3. Victims can apply to the Family Court for two orders: a protection order (similar to a restraining order), or an occupation order. The protection order prohibits the abuser from entering or staying in the home, or visiting the workplace, place of education, or any other place the victim frequents. It also applies in cases where both people live together. It can prevent an abuser from bothering the victim, watching or tormenting them, following or lay-waiting them, making persistent phone calls, using abusive language, or damaging property they own.
The occupation order excludes the abuser from the premises, while allowing the victim to remain there.
4. To receive a protection order, an applicant must demonstrate to the court that the abuser has used or threatened to use violence, has caused physical or mental injury to them or someone they live with, and is likely to do so again.
5. In making a protection order or occupation order, the court may, at the same time, of its own volition or upon the application of the victim, make an order for the maintenance of the applicant or any member of the household entitled to maintenance.
The amendments:
1. The amendments allow the court to issue protection orders and impose a penalty of up to $1 million and up to one year in prison for a breach, up from a maximum of $10,000 or six months.
2. The new law will also increase the categories of persons who can make an application for a protection order, including the spouse or parent of a victim, as well as a constable, a person approved by the minister responsible for social work, and the Children’s Advocate on behalf of a child needing help.
3. The amended legislation will allow the Minister for Gender Affairs to flexibly amend monetary penalties.
