Dragonfly Centre: Domestic Violence Act Needs to be Ammended

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Mission: The Dragonfly Centre is committed to the elimination of domestic violence against women and their children by providing victim friendly services that promotes the empowerment of survivors; through advocacy, public awareness and education and community based initiatives.

Vision: The Dragonfly Centre envisions a world free of violence against women and their children and social justice for all. We are founded on the vision and belief that every person has the right to live in a safe environment free from violence and the fear of violence and strive to work collaboratively with the community to provide victim friendly services to support domestic violence victims, survivors to the stage of thriving.

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Wednesday, May 27, 2015

Domestic Violence Act Needs to be Ammended

Published on May 25, 2015, 10:44 am AST
Updated on May 25, 2015, 3:07 pm AST
By Nikita Braxton

Attorney Kevin Ratiram

ATTORNEY Kevin Ratiram is advocating the amendment of the Domestic Violence Act, so that a magistrate can grant a protection order, the very first time a victim is threatened. Ratiram is also questioning the way in which domestic violence reports are handled by police officers.

According to Gender, Youth and Child Development Minister Clifton De Coteau, there were more than 11,000 new cases of domestic violence and child abuse filed in 2013 and 2014, and 541 cases of crimes against children were recorded last year, with nineteen children murdered.

Ratiram said: "Domestic violence is a scourge that we are battling, much like the terrorist group ISIS running rampant over various parts of the world. The Domestic Violence Act is a good and useful piece of legislation. However, from my experience practicing in the Courts with the Act, there are some changes I think are necessary. The Act provides that the Court can grant a protection Order where the respondent has engaged in, "emotional or psychological abuse", and it defines this as, "a pattern of behavior of any kind, the purpose of which is to undermine the emotional/mental well-being of any person, including interfering with/damaging the property of the person, and the forced confinement of the person.

Ratiram said there was no definition of the word "pattern" in the Act, with some magistrates interpreting the word to mean "a few times". He said : "The practical result of this therefore is that if the offender destroys your property on one occasion, let's say he smashes windows and breaks furniture in your house, you can't get a Protection Order against him, since the Act requires a "pattern" of behaviour. Similarly, if he locks you up in a room for a whole day or whole night, you can't get an Order since the Act requires a pattern of behaviour"

Ratiram said that the Act should be amended to give a magistrate, if he sees fit, having regard to the circumstances of the particular case, the power to grant a Protection Order, even if the incident is a one-off one.
Said Ratiram: "Under the Act, a Protection Order may also be granted where the Respondent has been telephoning the person at the person's place of residence or work. The result of this is that if the offender persistently calls you on your phone if you are in a mall, or on the street, or abroad on vacation, you can't get a Protection Order against him, since the Act only refers to calls to your place of residence or work".

Ratiram said: "In my view, the Act must be amended to suit the times we now live. We live in the technological age, where everyone has a cell-phone, and also communicates via email, text message, wats app. So that it should make no difference where you are when the person makes the harassing calls to you. It should make no difference if his communication is by phone call, text message, or email. Once he harasses you electronically, you should be able to get a Protection Order against him.
Ratiram said he was also concerned about how some police officers treated with reports of domestic violence.
" I know of numerous instances where women have gone to the Police after being brutalised by their male partner, and the simple response of the police is, 'Go by the JP in the court and bring him up for domestic violence". Some officers seem to think that just because one can go the Court and apply for a Protection Order, this absolves the police from conducting their own investigations and taking their own action. Even where the report of violence suggests that the matter is a domestic one, the police still have a legal obligation to conduct their own investigation, and where necessary, lay criminal charges against the offender. Physical abuse does not only fall under the ambit of domestic violence under the Domestic Violence Act. It also constitutes the criminal offense of Assault by Beating. I'd like to send a message to the police that they cannot allow the Domestic Violence Act or the JP in the Court to do their job for them. Domestic violence in Trinidad and Tobago is too prevalent, and too acute a problem, for the police to wash their hands of it".

Source: http://www.trinidadexpress.com/20150525/news/attorney-domestic-violence-act-needs-to-be-ammended

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A Little Background…..

In 2007 I was introduced to the twin island Republic of Trinidad and Tobago. It is a beautiful tropical country located in the southern most part of the Caribbean archipelago. However, the opportunity to travel to this part of the world would not present itself until March of 2009. It was an incredible experience to be able to visit a country where I had never been before and I literally knew no-one. I had the privilege to experience a new culture and meet many wonderful people who made my trip an amazing experience. Although the purpose of my visit was recreational, something happened that changed all of that. One evening while on a hike with my tour guide and one of the locals at The ASA Wright Nature Centre, one of the men asked me where I was from and what I did for a living. It was at that moment that I disclosed that I was a Domestic Violence Advocate. He paused, looked at me and replied,… “we need you here”. At that moment I did not fully understand what he meant or how I could help.

A few days after this I visited one of the local court houses to learn about how someone could obtain a protection order. What I discovered disturbed me greatly, to say the least. The process by which abused individuals could obtain legal protections left much to be desired. This sparked grave concern for victims coupled with a desire to learn more about the local system and services. After I finished my travels all I could think about was the need of the people in Trinidad and Tobago. It was shortly after my return to the United States that the Dragonfly Centre for Women’s Empowerment and Transformation began to take form. While completing my Bachelors degree at Evergreen College, I developed an Individual Learning Contract entitled “Domestic Violence in Trinidad and Tobago” and was awarded The Benjamin A. Gilman International Scholarship. This allowed me to return to Trinidad and Tobago for my final quarter at the end of December of 2009 for my nine week study. My focus was on services addressing domestic violence. What I came away with was the echoing cries for help by the people who freely shared their personal views and stories. Although I wasn’t quite sure what, I knew I had to do something. As a consequence, it was these cries that gave birth to and helped shape the Dragonfly Centre to be what it is, a multifaceted institution with a focus on public education, shaping public policy and providing direct victim friendly services to support families dealing with domestic violence.