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Domestic Violence Act is 20 years old this month

Dec 22, 2016 Features / Columnists, Letters

Dear Editor,
According to reports in the SN and KN, Michelle Baker did all the right things to obtain protection from the man who attacked her. She went to the police not to one, but two stations. Something has gone wrong in the police training on domestic violence and the Domestic Violence Act. The response of the officer who spoke to Ms Baker indicates ignorance of the legal options which were available to her. The clerk reportedly told Ms Baker she could not get a restraining order since she was not living with the man at the time, among other things. There might be errors in the reporting and the communication. However, the police are supposed to be alert and sensitive to the needs of people who are in danger so as not to just send them away from the station.
The Domestic Violence Act is 20 years old this month. The Act states that a threat of physical violence (one threat) is enough to get a police response. The Act further states that a person can file for a protection order against an associated person. Associated persons do not have to be living with the applicants for protection. According to the Act (Section 3):
(1) For the purposes of this Act a person is associated with another person if –
(a) They are or have been married to each other;
(b) They are cohabitants or former cohabitants;
(c) They are or have engaged in a relationship of a sexual nature;
(d) They live or have lived together in the same household, otherwise than merely by reason of one of them being the other’s employee, tenant, lodger or boarder;
(e) They are relatives;
(f) They have agreed to marry one another, (whether or not the agreement has been terminated); or in relation to any child, they are persons falling within subsection (2). Subsection 2 describes the status of parent and guardian.
There were many efforts to ensure that the police had copies of the Act, and access to people who had knowledge of the Act. Copies of the Householder Guide which was produced by Red Thread were distributed to stations. The Guyana Police Force has to make it clear to the public what it can expect from each station and outpost as it relates to reports of domestic violence. In 2000-01 the Association of Caribbean Commissioners of Police had endorsed a training programme which was for five days for all the Caribbean police and other frontline workers. The training manual is still available for use if the Guyana Police Force is interested in seriously dealing with its response to domestic violence.
Vidyaratha Kissoon

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