The OECS Family Law Reform Project is a part of the wider Judiciary and Legal Reform Project of the Eastern Caribbean Supreme Court and it reflects the commitment by the OECS Governments to develop harmonized model Family Legislation for the Member States. The Domestic Violence bill is one of five model Family Law Bills produced by the OECS.

By ratifying the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and complying with the provisions of the Beijing Platform, the Governments of the OECS Member States have committed themselves to the eradication of violence against women. In recognition of this and in response to the lack of any existing civil and criminal remedies to eradicate domestic violence against women, four Member States of the OECS have enacted legislation aimed at providing relief to victims of domestic abuse perpetrated in the home.
In Anguilla the OECS Family Law Reform Committee has been reviewing the model bills with a view to adapting the legislation here. The model Domestic Violence Bill proposes several important changes to the current Domestic Violence legislation. Firstly, the way in which domestic violence is defined has been widened and relationships to which the legislation applies has also been expanded. The proposed legislation defines domestic violence as follows:
Controlling or abusive behaviour that harms the health, safety or well-being of the applicant or any child in the care of the applicant and includes but is not limited to the following:

• physical abuse or threats of physical abuse;

• sexual abuse or threats of sexual abuse;

• emotional, verbal or psychological abuse;

• economic abuse;

• intimidation;

• harassment;

• stalking;

• damage to or destruction of property; or

• entry into the applicant’s residence without consent, where the parties do not share the same residence.

The proposed bill defines a domestic relationship as a relationship between an applicant and a respondent in any of the following ways:

• they are or were married to each other, including marriage according to any law, custom or religion;

• they were cohabitants or former cohabitants;

• they are the parents of a child or are persons who have or had parental responsibility for that child, whether or not at the same time;

• they are family members related by consanguinity, affinity or adoption;

• they would be family members related by affinity if they were, or were able to be married to each other;

• they are or were in an engagement, dating or visiting relationship which includes but is not limited to an actual or perceived romantic, intimate or sexual relationship of any duration; or

• they share or shared the same household or residence

One important feature of the proposed Domestic Violence bill is that applicants can pursue a protection order through Family or Magistrate Court as opposed to making such applications to the High Court. Under our current legislation applications for protection orders must be made to the High Court.
The offence of common assault is not an arrestable offence under the criminal law. As a result, this creates a situation that when a police officer responds to an allegation of common assault resulting from domestic violence, the victim may be left to the mercy of the perpetuator of the violence. The model bill gives the police officer on arrival at the scene of an incident of domestic violence, a duty to inform the victim and the perpetuator of his or her rights, and very importantly provides for an arrest by a police officer without a warrant where he/she suspects that domestic violence has occurred.

Victims of domestic violence may be disempowered and intimidated, therefore, an application for a protection order may be brought on behalf of the victim by any person, including a police officer or an approved social worker, who has a material interest in the well-being of the victim.

Since the most dangerous time for any domestic violence victim is the time of separation from the perpetuator of the violence, the Bill makes for provisions for an interim protection order. A protection order may prohibit the respondent from:

• committing any act of domestic violence;

• enlisting the help of any person to commit any such act of domestic violence

• entering the shared household (the Court shall only impose this prohibition only if it appears to be in the interests of the applicant or any child or dependant)

• entering a specified part of the shared household;

• entering the residence of the applicant;

• entering the place of employment of the applicant;

• preventing the applicant or any child or dependant who normally resides or has resided in the shared household from entering or remaining in the shared household or a specified part of the shared household;

• taking possession of, damaging, converting or otherwise dealing with property that the applicant may have an interest in, or is reasonably used by the applicant

• approaching the applicant within a specified distance; or

• committing any other act as specified in the order.

In addition to these conditions the Court may:

• direct that any or all of the conditions of an interim protection order or a final protection order be applied for the benefit of a child or dependant;

• direct that the respondent:

• return to the applicant specified property that is in his or her possession or under his or her control;
• pay emergency monetary relief to the applicant;
• pay interim monetary relief to the applicant for the benefit of a child or dependant, where there is no existing order relating to maintenance until such time as an obligation for support is determined

• immediately vacate any shared household for a specified period, whether or not the shared household is owned or leased by the respondent and the applicant, or solely owned or leased by the respondent or the applicant;

• make or continue to make payments in respect of rent or mortgage payment for premises occupied by the applicant having regard to the financial needs and resources of the parties

• or the applicant or both, receive professional counselling or therapy from any person or agency or from a programme which is approved by the Minister of Social Development in writing.

The Bill makes it mandatory for a police officer to respond to every complaint or report alleging domestic violence whether or not the person making the complaint or report is the victim. The police officer must complete a domestic violence report which shall form part of a Domestic Violence Register to be maintained by the Commissioner of Police.

The model Domestic Violence Bill in its entirety as well as the other OECS Family Law Reform model bills will be available on the government website shortly at www. gov.ai Please send questions, comments and feedback about the Domestic Violence bill or any of the OECS model bills to Permanent Secretary, Health & Social Development at bonnie.lake@gov.ai.

- Press Release

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