FRIDAY, JUNE 27, 1936
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COURT PROTECTION FOR DOMESTIC VIOLENCE VICTIMS PROPOSED
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A BILL AIMED AT MAKING IT EASIER FOR VICTIMS OF DOMESTIC VIOLENCE TO OBTAIN PROTECTION THROUGH THE COURTS WAS PUBLISHED IN THE GOVERNMENT GAZETTE TODAY (FRIDAY).
EXPLAINING THE PURPOSE OF THE DOMESTIC VIOLENCE BILL 1986, A GOVERNMENT SPOKESMAN SAID THE PROBLEM OF VIOLENCE IN THE HOME, BOTH AGAINST SPOUSES AND CHILDREN, HAD BECOME ONE OF GROWING CONCERN.
STATISTICS COMPILED BY THE SOCIAL WELFARE DEPARTMENT FOR THE PERIOD APRIL 1, 1985 TO MARCH 31, 1986 SHOW THAT THERE WERE
WOMEN WERE THE VICTIMS 838 KNOWN CASES OF BATTERED SPOUSES, OF SUCH VIOLENCE IN 787 CASES,
THE SPOKESMAN SAID THE PRESENT LAW HAD BEEN THE SUBJECT OF MOUNTING CRITICISM IN VARIOUS QUARTERS, FOR ITS FAILURE TO PROVIDE A QUICK AND EFFECTIVE REMEDY FOR VICTIMS OF DOMESTIC VIOLENCE.
+A PARTICULAR CRITICISM OF THE EXISTING LAW IS THAT IN ORDER FOR A SPOUSE TO BE ABLE TO OBTAIN A COURT ORDER RESTRAINING VIOLENCE, THE ABUSED SPOUSE MUST FIRST HAVE COMMENCED, OR GIVEN AN UNDERTAKING TO THE COURT TO COMMENCE, DIVORCE OR SEPARATION PROCEED INGS.
THE BILL, WHICH IS MODELLED ON LEGISLATION PASSED IN ENGLAND IN 1976, SEEKS TO IMPROVE THE LAW IN THIS AND OTHER RESPECTS,+ HE SAID.
THE BILL GIVES A SPOUSE WHO HAS BEEN MOLESTED BY THE OTHER SPOUSE THE RIGHT TO APPLY TO THE DISTRICT COURT FOR AN ORDER RESTRAINING SUCH MOLESTATION.
ALSO, SUCH AN ORDER MAY BE APPLIED FOR WHERE ANY CHILD LIVING WITH THE APPLICANT HAS BEEN MOLESTED BY THE OTHER SPOUSE.
THE SPOKESMAN ADDED THAT IN CERTAIN CASES ORDERING A PERSON NOT TO MOLEST HIS OR HER SPOUSE WOULD NOT BE SUFFICIENT.
+THE BILL THEREFORE ALSO ENABLES THE COURT TO ORDER THE OTHER SPOUSE TO BE EXCLUDED FROM THE MATRIMONIAL HOME OR A PART OF IT, OR FROM A CERTAIN AREA. +
IN OTHER CASES, HE SAID, A SPOUSE MAY HAVE BEEN DRIVEN OUT OF THE HOME BY DOMESTIC VIOLENCE AND EFFECTIVELY RENDERED HOMELESS.
+TO TACKLE THIS ASPECT, THE BILL EMPOWERS THE COURT TO COMBINE A NON-MOLESTATION ORDER WITH AN ORDER REQUIRING A PERSON TO ALLOW HIS OR HER SPOUSE TO OCCUPY THE HOME.+
/THE SPOKESILAN