XN000022-1985-05-28 — Page 6

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TUESDAY, MAY 28, 1985

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A PROVISION REQUIRING THE OTHER PARTY TO ALLOW A SPOUSE OR CO-HABITEE TO ENTER AND REMAIN IN THE HOME. THIS PROVISION WILL BE APPLICABLE WHEN THE VIOLENT ACT TAKES THE FORM OF KEEPING THE SPOUSE OR CO-HABITEE AWAY FROM THE HOME $

* A PROVISION TO EXCLUDE THE OTHER PARTY FROM THE

HOME. THIS PROVISION WILL BE DESIGNED TO KEEP THE VIOLENT MEMBER OF THE FAMILY AWAY FROM THE HOME

*

A PROVISION RESTRAINING THE OTHER PARTY FROM MOLESTING THE SPOUSE OR CO-HABITEE OR ANY OF THEIR CHILDREN.

THE PROPOSAL WOULD ALSO PROVIDE THE POLICE WITH A POWER TO ARREST SOMEONE WHO FAILS TO OBEY THE INJUNCTION,

A GOVERNMENT SPOKESMAN SAID THAT THESE PROVISIONS WOULD BE TO PROVIDE FOR TEMPORARY RELIEF FOR SPOUSES, CO-HABITEES AND THEIR CHILDREN WHO ARE BEING SUBJECT TO SERIOUS VIOLENCE AT HOME. THIS TEMPORARY RELIEF WOULD BE AVAILABLE UNTIL THE COURT WAS SATISFIED THAT FURTHER VIOLENCE WAS UNLIKELY BECAUSE, FOR EXAMPLE, EITHER THE FAMILY WAS ONCE AGAIN RECONCILED OR THE HUSBAND AND WIFE HAD AGREED TO SEPARATE PERMANENTLY.

HE SAID THAT CONSIDERATION MIGHT BE GIVEN TO WHETHER THE VICTIMS OF DOMESTIC VIOLENCE SHOULD BE ABLE TO GO BEFORE TWO JUSTICES OF THE PEACE IN ORDER TO OBTAIN THEIR INJUNCTIONS RATHER THAN GOING THROUGH MORE FORMAL PROCEEDINGS IN THE COURTS. VICTIMS OF DOMESTIC VIOLENCE MIGHT BE LESS RELUCTANT TO GO TO JUSTICES OF THE PEACE FOR AN INJUNCTION RATHER THAN TO THE COURTS.

SUBJECT TO THE ADVICE OF THE SOCIAL WELFARE ADVISORY COUNCIL AND TO THE REACTION OF THE PUBLIC TO THE PROPOSALS, THE INTENTION IS TO SEEK EXECUTIVE COUNCIL'S ADVICE ON THE DETAILED LEGISLATION IN ABOUT THREE MONTHS' TIME. THE GOVERNMENT SPOKESMAN SAID THAT ANY MEMBER OF THE PUBLIC WISHING TO COMMENT ON THE PROPOSALS SHOULD WRITE TO HIS DISTRICT OFFICE.

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