T&T PM defends domestic violence statement
(Trinidad
Guardian) "Prime Minister Dr Keith Rowley says his statements on
domestic violence during his 'Conversation with the Prime Minister' were
misinterpreted by some groups, who are now claiming he blamed murder
victim Jamilia De Revenaux for the heinous act that took place at
MovieTowne on Sunday.” Starbrock News.
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February 16 at 10:16am
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“Women’s groups: Prime Minister Dr Keith Rowley’s statement on domestic violence might be true; but it is not the whole story. And therein lies the danger!”
Women’s groups: PM’s comment not whole story | The ...
www.guardian.co.tt/news/2017-
Two women’s groups say the danger in Prime Minister Dr Keith Rowley’s off-the-cuff comment on domestic violence is ... Dr Keith Rowley
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Trinidad Guardian: Published February 15, 2017.
Mahabir-Wyatt on domestic violence: Man up and deal with it
Trinidad Guardian: published February 2017.
“83 women and children were murdered in 2016.”
“19 of these murders were as a result of domestic violence.”
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Trinidad Guardian Published: Monday, March 6, 2017
Diego Martin marches against domestic violence
“There have been over 11,000 reports of domestic violence in the Diego Martin district over a five-year period.
The figure was given by Diego Martin Regional Corporation “Chair.
“Statistics gathered from 2010 to 2015 revealed that 11,441 cases of domestic violence were reported to the police.”
In cases of allegations of domestic violence
The Domestic Violence Act, Chapter 45:56, is the prevailing legislation to provide immediate relief under the Laws of Trinidad and Tobago
and section 3 of that legislation domestic violence includes “includes physical, sexual, emotional, psychological or financial abuse committed by a person against a spouse, child, any other person who is a member of the household or dependant,”
Section 21 of the Domestic Violence Act sets out the powers of the police in dealing with allegations of domestic and it also provides a description of their investigative process.
Any proposed changes to such powers must include input from the Police Service, Police Complaints Authority, the Ministry of National Security, The Attorney General, civil society organizations and any other government agencies.
Feb 14, 2017 ... Sunity Maharaj, managing director of the Lloyd Best Institute of the West Indies, yesterday called on Prime Minister Dr Keith Rowley to focus on ...
Any consideration to amend the provisions of the Domestic Violence Act must include the amplification of the existing powers of the police notably the type of protection of signs of violence and strengthen the police's responsibility to investigate domestic violence as a crime.
The Act already makes provision for the issuance of a protection order within the circumstances set out in the provisions of the Act.
The Domestic Violence Act does grant a Magistrate the power to issue a protection order,
it describes the categories of persons entitled to such order, the conditions under which such order may be issued, the circumstances under which an interim order may be issued and the issuance of warrant to enter the premises where violence is perpetrated and/or arrest of the perpetrator of the acts of violence.
This Act must Provide for civil proceedings to obtain injunctive relief –“orders of protection”: from physical or psychological abuse of one family member by another.
The Family Court Act. Orders of protection and interim , ex parte and inter-prates party orders of protection are available also as collateral relief in Family Court which adjudicates on applications of support, paternity, custody, persons in need of supervision, and child protective proceedings, in matrimonial actions, and in criminal prosecutions proceedings in the Magistrates Court and the High Court.
The government articulated [1] its intent to create a civil alternative to criminal prosecution in which “Hands-on help” and “Pacification procedures” will be accessible.
The Family Court First established as a Pilot Project in 2004,
The Family Court has jurisdiction over specific family matters at the High Court and Magistrates’ Court levels.
The Court adopts a participatory approach in dispute resolution and, therefore, is a special problem solving Court, intended to develop, implement and evaluate alternative approaches and improve services to citizens seeking help from the Judiciary in dealing with family disputes.
The geneses and role of the Family Court is explained on the judiciary’s website ttlawcourts.org.
An excerpt of the role is as follows:
An excerpt of the role is as follows:
“The philosophy of the Family Court is "to encourage the parties to resolve their family disputes themselves with specialist assistance and support where ever necessary".
It is the intent of the Court to administer justice in family matters in a manner that is less adversarial and more conciliatory.
The purpose is to provide families with support while they seek solutions. For some, this will mean counselling, for others a process of mediation where alternatives can be considered.
The focus is placed on finding solutions rather than on conflict.
The objective is to encourage parties to formulate their own outcomes when possible, but with the understanding that the Court will keep the process moving and will make decisions when necessary.
It is a system, which adopts a holistic approach to resolving family disputes and embraces legal, psychological and social issues.
However this court is constantly monitored, and continues to evolve in its quest to provide the best possible service.”
The Family Court is a superior court of record, but it does not exclusively deal with criminal matters, although at times allegations of domestic violence may arise in family matters proceedings and the court may refer the matter for the consideration of the police and the Director of Public Prosecutions.
The Family court was given exclusive, original jurisdiction over all acts of violence, threats of violence, and acts of intimidation. Except attempted murder, murder and sex crimes between adult family members.
The Criminal proceedings are dealt with in the Magistrates Court and High Court.
The Magistrate Courts adjudicate on summary and triable either way criminal matters or indictable offences are decided in the High Court.
The Criminal Court could exercise jurisdictions over the specified offenses only when the Family Court removed a matter to the Criminal Court.
Data shows that “spouse abuse “is more precisely pigeonholed as “woman abuse”.
At times, it may be viewed that the civil and criminal justice systems, , Social justice, [2] and Medical professionals perpetuate violence when they accept abusers’ justifications and denials, and, therefore, refuse relief and protection to intimidated and injured wives.
Battered women are treated frequently as though they are responsible for causing violence.
They are subjected to the same destructive victim-blaming impudence as rape victims are often being asked, “What did you do to provoke the situation?”
The vindicated abusers are reinforced in their belief that they are legalized to use violence to punish their “maladroit” wives.
Their wives learn that they have no alternatives but to suffer physical and psychological abuse.
In fact, violent people always precipitate the violence.
Belligerents may blame the victims for their action, or claim intoxication (drunkenness) and loss of self-control as a defense strategy.
Research has shown that many violent men are in control of their actions when they attack their wives. [3]
They use violence instrumentally, to achieve a definite end, and to sustain control in their relationships.
Abusive spouses may often deny that violent acts occurred; they minimalize the gravity of the violence and its’ consequential damages.
Women may respond to their partners’ effort to shift responsibility for the violence by focusing on their own behavior.
In the early stages of the violent act, they may “acknowledge” that they were stressed, unsuccessful at domestic housework, to include timely food preparation of their husbands’ favorite foods.
Some women change their own routine in an attempt to stem their husbands’ onslaught of violence.
When the curative effort fails to end their husbands’ violent acts, women may seek help from the courts.
The initial step in representing a maltreated woman is to believe her. She may have been subjected to prolonged, serious physical and psychological abuse’.
Her story may seem bizarre, but it is likely to be entirely true. Her judgement should be trusted.
She is the only expert concerning her husbands’ behavior patterns, although she may err on the side of attaching too much power to her husband.
She may believe that her husband may undermine court proceedings, by intimidating potential witnesses and coercing them to commit perjury for him.
The battered woman’s choice of remedy is based upon how long she has suffered, how serious the violence or psychological terror has become the types of help she sought, and the previous responses she received.
She is a person going through the process of trial and error to determine a solution appropriate to her situation.
She is the only one in a position to make a cost-benefit analysis of her marriage, its value to her and the children, and it’s prospective for change.
The family violence victim needs information and permissible representation.
Although the “correct” resolution seems obvious to her attorney, the battered woman may reject it.
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The message: Domestic abuse is never acceptable
It is her right to make her own choices with dignity that must be respected.
It is extremely difficult to make even minor changes in one’s life: stopping smoking; exercising more; losing weight; waking up early, when there is no crisis.
It is far more difficult to terminate a marriage submerged in the crisis of domestic violence, and relocate children from home and schools.
Objectively, divorce is pauperizing for older women and custodial parents.
Women’s earnings are not analogous to men’s incomes.
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Income inequality in T&T an issue says Farrell
The divorce options, therefore, may be impractical when financial benefits will be lost. The remedies selected must be viable for the client.
The NY State legislature responding to persisting weaknesses in the family laws by enacting significant modification of the stature scheme for orders of protection in 1994,and 1996 [4].
The prohibitions against simultaneous or subsequent family court and criminal court proceedings concerning the same act, formerly contained in criminal procedure law § 100.07 and family court Act §§ 813 [5], and 845,were repealed.
Thus, simultaneous criminal prosecution and civil proceedings for an order of protection may be undertaken, similar to child protective proceeding which may proceed in both forums concurrently. [6]
The Judiciary of Trinidad and Tobago provides an accountable ... alternative approaches and improve ... environment as criminal matters and regular civil..
[2] The functional use for this article of Social Justice is defined by Black’s Law Dictionary: Abridged Seventh Edition: “Social Justice, justice that conforms to a moral principle, such as that all people are equal.” Also termed justice in rem.Cf. personal justice.
[3] Trinidad and Tobago - state.gov
https://www.state.gov/j/drl/
Trinidad and Tobago ... by the High Court. Both civil and criminal appeals may be filed with the local court ... to more speedily and efficiently create a...
Trinidad and Tobago ... by the High Court. Both civil and criminal appeals may be filed with the local court ... to more speedily and efficiently create a...
[4] C.222, L.1994; Executive Memorandum, Family Protection and Domestic Violence Intervention Act of 1994,Mckinney’s Sessions Law at A-895.
[5] Annual report of the judicial conference of the state of new York, 1972-3,page 350.
[6] C.416,l.1980,mckinney’s sessions law 1980,at a-329
Dr.Cliff Bertrand
