Layperson’s guide to Domestic Violence Act, 1999

The Domestic Violence Act, 1999 is intended to provide immediate and just relief to victims of domestic violence.  The Act widens the scope of protection to victims of abuse beyond the infliction of physical violence to cover sexual, emotional or psychological abuse and financial abuse. Conduct coming within the category emotional and psychological abuse includes abusive language, action which can be loosely termed “stalking,” persistent telephone harassment, intimidation and so on.  Financial abuse involves abusing one’s position of control over another person’s financial position. 

So that deliberately starving a person of funds needed for their upkeep or well being would fall within such behaviour prohibited by the Act.  I recall one complaint where a bedridden senior citizen, who was receiving a pension, was denied basic toiletries by the “caregiver” even though there were adequate funds for such purpose. Many categories of persons may apply for a protection order. Victims as well as persons closely connected with a victim can seek relief.  Of interest, a police officer or approved social worker may also make an application on behalf of a victim of domestic violence.  This allows a neighbour or someone who is aware of a domestic violence situation to report to the police or an approved social worker the existence of a domestic violence case.

The police under section 21 of the Act must respond to every report alleging domestic violence whether or not the person making the report is the victim.  The Act also acknowledges the power of the police to enter premises without a warrant where there is reasonable cause to suspect that violent conduct is being engaged in or attempted. A domestic violence complaint is started by going to the Clerk of the Peace of the Magistrate’s Court of the jurisdiction in which the domestic violence act is taking place. The victim or person making the complaint is called the applicant.  The applicant would give brief facts as to who is committing the act and how. The Clerk writes this information on a complaint form.  A date for hearing within 7 days is given. The perpetrator, called the respondent is given written notice.  The applicant may have to assist the police by giving detailed information as to where the respondent can be served and by even pointing out the person to the police officer. Where domestic violence conduct has taken place the applicant should try as best as possible to gather sufficient information to convince the Magistrate that the act has taken place. 

Here are some suggestions on things you should do if faced with a domestic violence situation:
1. Write down or ask someone to write down for you the details of the act or acts — when it happened, where, who was present, how it happened, how long it had been taking place.  Be as detailed and as specific about the allegations being made.  This written record will help in recalling accurately the events when the case comes up for hearing. 
2. If there are physical injuries, visit a doctor at a public hospital, or privately, immediately.  Give the doctor all the information as to how the injuries were obtained including any weapons used.  Ask the doctor for a detailed written report of your injuries and condition.  Keep this safely to show to the Magistrate. 
3. Where the injuries are visible take or get someone to take photographs of them including close ups.  This will help the court in getting a clear visual picture to support the oral evidence you will give. 
4. Get names of any witnesses who are willing to come forward so that there is supporting evidence.  While the court can accept and act on the word of a victim alone, it is always advisable if there are witnesses to try to have them come forward.  They should also make a statement as to what they saw and heard.
5. Make a report to the police of your district and insist that they take a written note of your complaint.  Get the name and regimental number of the police officer taking your report.
6. In giving evidence at the hearing bear in mind that the Magistrate is interested in hearing about what the person did and about what you saw and what you heard yourself.  Therefore be specific about what happened but stick to what is relevant to the complaint you made. 

On the date of hearing of your case get to court early.  Court starts at 9:00 am so be there some time before so you can locate the actual court your case will be heard in since there may be more than one court in the building. If an attorney does not represent you when the case is called, go forward and stand before the Magistrate.  Depending on how urgent the case is and the number of cases on the list the Magistrate may hear the case that day.  If you are in continuing danger make sure to tell the Magistrate this.  The Magistrate has power to make an interim order if the case cannot be heard that day. 

Attending court can be intimidating especially if it is your first time.  Nonetheless it is important that you are brave and try your best to explain your position.  Magistrates would generally be sensitive to the fact that you may be nervous. If the Magistrate makes a domestic violence order against the respondent and he or she breaches that order you must report that breach immediately to the nearest police station. It is a criminal offence to breach a protection order.  The police can then bring the respondent before the court to answer a criminal charge.