Dear Editor,
The Jamaica Constabulary Force (JCF) recently reported that there is an increase in incidents of domestic violence, and as such, the judiciary of Jamaica wants to use this medium to remind victims and indeed all Jamaicans that they can and should make greater use of the provisions under the Domestic Violence Act.
The Act, last amended in 2004, is designed to offer protection to victims of physical, psychological, financial, and emotional abuse from people in the home or those with whom an intimate relationship exists or existed.
A victim of domestic violence may visit any Family Court and report the matter to an intake counsellor. Where no Family Court is present in the parish, such report is to be made at the Parish Court and the same procedures are to be followed. The intake counsellor conducts an assessment and the matter is placed before the court expeditiously.
People able to apply for a protection order under the Domestic Violence Act are not limited to victims of intimate partner violence.
Under the Act, "prescribed persons" may make an application for an order. A prescribed person is a spouse, parent, child, or dependent of the alleged abuser or any person who is a member of a household or in a visiting relationship with the alleged abuser. A prescribed person may seek an order to keep the alleged abuser away from his or her home, workplace, or anywhere closely connected.
If the victim is a minor, then a parent, guardian, government-approved social worker, constable, or other dependent may file the application. An application for an order may also be heard ex-parte, which means without notice to the alleged abuser, if the court is satisfied that a delay might create a risk to the personal safety of the prescribed person or could cause serious or undue hardship.
Once a victim comes to the Family Court or Parish Court, the staff will assist him or her in preparing an application for an order. Once the application is prepared, victims are sometimes brought before the court immediately and are given a summons to have it served on the alleged abuser. The summons must be served by a member of the JCF or a court bailiff and should be served personally on the respondent.
Once it is served, the applicant must return to the court on the appointed date and wait to be heard by a judge. The judge will inform the parties involved of the duration of the order granted. Nevertheless, if a victim, at the end of the initial period, does not feel safe, he or she can seek an extension of the order when it expires.
In 2020, 376 of the 1,681 requests made to six Family Courts - Trelawny, Hanover, Westmoreland, Clarendon, St James, and Kingston and St Andrew - for protection orders were granted. It must be noted that some of these matters were disposed of through other means, including being withdrawn by the applicants or struck down because they failed to meet the criteria for a protection order.
From January 1, 2021 to June 30, 2021 there were 936 requests for protection orders from the same six courts. Of that number, 231 were granted. Again, some were withdrawn by victims, while others failed to meet the requirements for approval.
The court may, on making an order under the law, recommend that either or both parties participate in counselling. An aggrieved person whose application was refused may appeal to the Court of Appeal, in the same way that the person against whom the order was made may appeal.
Any breach of an order is a criminal offence and should be reported to the police immediately. A breach of these orders carries with it a maximum fine of $10,000 and/or a term of imprisonment for six months if the person is found guilty.
Please note that an application can also be made for an occupation order to exclude or remove the abuser from the home for a period of time, even if the home is owned by the said abuser.
The Family Courts are equipped with specialist staff who can offer counselling to victims of domestic violence. Help is available within the court system and as such those being abused do not have to suffer in silence.
In addressing the application, the court must have regard to the rights of both the applicant and the alleged abuser.
Individuals who are in need of further information may contact the Court Administration Division at 876-754-8337 or toll free at 1-888-429-5269 or via e-mail at customerservice@cad.gov.jm.
Shannick Dawkins
Senior public relations officer
Court Administration Division
shanick-dawkins@cad.gov.jm