House Commences Debate on Amendments to the Domestic Violence Act

The House of Representatives, on Tuesday (December 12), commenced the debate on the amendments to the Domestic Violence Act.

Minister of Culture, Gender, Entertainment and Sport, Hon. Olivia Grange, said the Act, along with others, was the subject of review by a Joint Select Committee.

The Committee recommended a comprehensive review of the Act to update it to current realities in the Jamaican society.

“Several areas in the Act were identified where amendments could be made in the short term to improve its operation, and this is what has been done with this Bill currently before this House for debate,” Ms. Grange said.

She noted that the Bill represents some critical areas that can immediately impact the scourge of domestic violence and assist victims in their search for security and redress to these acts.

Regarding the amendments, Ms. Grange said Clause Two, which amends Section Three of the Act, provides information on the persons who can make an application for a Protection Order under the legislation.

They include the spouse or parent of an individual in respect of whom the conduct has been made or is likely to be made.

“Where violence is used or threatened against a child or dependent, application can be made by a person with whom the child or dependent normally resides or resides on a regular basis, parent, or guardian of the child or a dependent not mentally disabled.,” Ms. Grange said.

Additionally, a constable, a person approved by the Minister responsible for social work and the Children’s Advocate can also make an order on behalf of a child.

Clause Three of the Bill amends Section Four of the principal Act by deleting Sub-Section One and replacing it with provisions to prohibit certain actions which may affect the victims of domestic violence.

“This amendment takes into consideration the myriad of ways a devious mind can seek to cause prolonged damage, violence to the life of an abused person,” Ms. Grange said.

Under this section, an application can be made to the court for a protection order against a respondent in respect of alleged conduct to prohibit the respondent from entering or staying in the prescribed person’s household, entering any area specified in the Protection Order where the residence of the prescribed person is located, harassing the prescribed person, damaging property of the said prescribed person, and dealing with the property of the prescribed person in a way that can be considered abuse of the prescribed person.

“As we seek to balance the hands of justice and tighten possible means of violence against the vulnerable, Section 4 (1b) will now direct the respondent to return property jointly or separately owned by the prescribed person that the respondent has in his or her possession or control and hand over to the police any gun or other prohibited weapon in the respondent’s possession or control,” Ms. Grange said.

The Bill has also been amended to provide for increased penalties, for breach of Protective Orders from $10,000 to $1 million, and be sentenced for up to one year in prison.