LAW 3210 FAMILY LAW I (HUSBAND & WIFE) DOMESTIC VIOLENCE

QUESTIONS 1-7 OF 26:

1. Briefly describe the background to, goals and significance of Caribbean domestic
violence statutes in two sentences (Preamble of the T&T DVA, Francois).

Page | 1 T&T DVA

Background: Incidents of domestic violence occur with great frequency and have
deadly consequences
Goals: To reflect the society’s disapproval of such actions or social behaviours, to
influence the community’s attitude, and to support or prompt social change with
respect to domestic violence
Significance: Will have effect even if inconsistent with sections 4 and 5 of the T&T

2. In a jurisdiction of your choice, describe who can get relief under the relevant
domestic violence legislation? Who can apply?

Who can apply? Who can get relief?

Jamaica Section 3(2) From the interpretation
Domestic - a) Spouse or parent who is or is section 2, the following
Violence Act likely to be harmed by the persons, as “prescribed
1995 respondent, persons” may get relief in
- b) If applying on behalf of a relation to the respondent:
child or dependant, then a (a) - spouse
parent or guardian of the child, - child or dependant
(b) person with whom child - parent of the child or
usually resides, (c) constable, (d) dependant
a person approved by the - persons in visiting
Minister responsible for social relationship with the
welfare, or (e) dependant who is respondent
not mentally disabled, - member of the
- c) by a member of the respondent’s
respondent’s household, or a household
person in a visiting relationship
with the respondent.
Antigua & According to the interpretation section The following may get relief
Barbuda 2, an “applicant” is a person, including in relation to the respondent:
 LAW 3210 FAMILY LAW I (HUSBAND & WIFE) DOMESTIC VIOLENCE

Domestic a child, who is or has been in a domestic - spouse

Violence Act relationship with the respondent, and - child or dependant
2015 applies for an IPO. - parent/guardian of
According to section 5(4), applications child or dependant
Page | 2
may also be made by persons who have - persons in domestic
a material interest in the well-being of relationships with R
the applicant. This includes police
officers, a social worker or advocate.
Trinidad & According to section 4(2), application The following may get relief
Tobago may be made by a spouse of R, member in relation to the respondent:
Domestic of the household of S or R (on his own - spouse
Violence Act behalf or someone else’s), a child of S - member of household
1999, Cap. or R, a dependant, a parent/sibling of S - child or dependant
45:56 or R not being a member of the - person who is or has
household, person with a child with R, been in a relationship
person who is or has been in a visiting with R for more than
relationship with R for more than 12 12 months
months.
According to section 4(3), application
for PO may be made on behalf of a
child by a person with whom the child
normally resides, or by the
parent/guardian of the child.
According to section 4(4), application
may be made by a police officer,
approved social worker or probation
officer on behalf of any prescribed
person or person or child in a residential
institution.
Belize Domestic According to section 3(2), applications The following may get relief
Violence Act may be made by a spouse of R, a in relation to the respondent:
2007 member of R’s household/residence (on - spouse/cohabitant
his own behalf or someone else’s), a - child/dependant
child, a dependant, parent or guardian, - person who has a
 LAW 3210 FAMILY LAW I (HUSBAND & WIFE) DOMESTIC VIOLENCE

person who has a child with R, police child with R

office, a social worker duly appointed - member of R’s
by the Public Service Commission, any household
child by consanguinity or affinity of S - parent/guardian
Page | 3
or R who is not a member of either of - visiting relationships
their households, or an officer of the
Women’s Dept duly appointed by the
Public Service Commission.
According to section 3(3), a child or
dependant may apply for an PO through
(a) a person with whom the child
normally resides, or an adult member of
the household, (b) a
parent/guardian/person locus parentis to
the child/dependant, or (c) a social
service officer.

a. Does the legislation have a category of de facto spouse?

Belize
b. Is a category of close personal relationship or visiting relationship included? How
is it defined? Is the definition coherent?

Close Personal Visiting Relationships

Relationships
Jamaica DVA Child, Dependant, YES
“a relationship between a
Member of the
man and a woman who
household, Spouse do not share a common
residence, which is a
close personal
relationship by virtue of
its nature and intensity
having regard to- (a) the
amount of time that the
persons send together;
(b) the place where that
time is ordinarily spent;
(c) the manner in which
that time is ordinarily
spent; (d) the duration of
 LAW 3210 FAMILY LAW I (HUSBAND & WIFE) DOMESTIC VIOLENCE

the relationship; and (e)

the existence of a child
(if any) of both parties.”
Antigua & Barbuda Child, Cohabitant, NO
Domestic Relationship-
DVA Dependant
Page | 4 “a relationship between
an applicant and a
respondent in any of the
following ways- (a) they
are or were married to
each other, including
marriage according to
any law, custom or
religion; (b) they cohabit
or cohabited with each
other in a relationship of
some permanence; (c)
they are the parents of a
child or are persons who
have or had parental
responsibility for that
child, whether or not at
the same time; (d) they
are family members
related by consanguinity,
affinity or adoption; (e)
they would be family
members related by
affinity if the persons
referred to in paragraph
(b) were, or were able to
be married to each other;
or (f) they share or
shared the same
household or residence;”
T&T DVA Spouse, Parent, YES
Guardian, Cohabitant, “a non-cohabitational
relationship which is
Child
otherwise similar to the
relationship between
husband and wife”
Belize DVA Child, De Facto spouse, YES
Cohabitant, Parent, “a non-cohabitational
relationship between a
Spouse
man and a woman who,
although not legally
recognized as common
law spouses, have or had
a relationship which may
 LAW 3210 FAMILY LAW I (HUSBAND & WIFE) DOMESTIC VIOLENCE

or may not have

produced a child.”

c. Are the members of the household entitled to apply? Which ones?

Page | 5 d. Can persons apply on behalf of others? Who?

3. What is domestic violence?
a. Is there an explicit definition? If implied, what does it cover?

Explicit? What does it cover? Implied What does it

? cover?
Jamaica NO YES The implications
of what domestic
violence entails are
found in section 4
of the Act. It
involves:
- Harassment
- Physical,
verbal and
mental
abuse
- Stalking
- Economic
abuse
- Damage to
or
destruction
of property
- Entering
the
applicant’s
place of
work or
residence
(if they
don’t live
together)
without
consent
Antigua & YES “any controlling or abusive
behaviour that harms the
Barbuda
health, safety or well-being
of the applicant or any child
in the care of the applicant
and includes but is not
limited to the following:
physical abuse or threats of
 LAW 3210 FAMILY LAW I (HUSBAND & WIFE) DOMESTIC VIOLENCE

physical abuse; sexual abuse

or threats of sexual abuse;
emotional, verbal or
psychological abuse;
economic abuse;
Page | 6 intimidation; harassment;;
stalking; damage to or
destruction of property; or
entry into the applicant’s
residence without consent,
where the parties do not
share the same residence.”
T&T YES “includes physical, sexual,
emotional or psychological
or financial abuse
committed by a person
against a spouse, child, any
other person who is a
member of the household or
dependant;”
Belize YES “includes physical, sexual,
emotional, psychological or
financial abuse committed
by a person against a
spouse, child, de facto
spouse, or any other person
who is a member of the
household of the applicant
or the respondent”

b. If explicit, is it comprehensive? How are areas such as stalking, harassment and

financial abuse treated?
4. What kinds of orders are available?
a. Protection orders and occupation orders? Ex parte/interim orders? What must be
proved to get each?

Protection What must be Occupation What must be

order? proven? order? proven?
Jamaica DVA YES Section 4(2)- The YES According to
Court must be section 7(1), a
satisfied that prescribed person
“(a) the respondent may apply for an
has used or occupation order
threatened to use, “granting the
violence against, or prescribed person
caused physical or named in the order
mental injury to, a the right to live in
 LAW 3210 FAMILY LAW I (HUSBAND & WIFE) DOMESTIC VIOLENCE

prescribed person the household

and is likely to do so residence.”
again; or Section 7(3)
(b) having regard to prescribes that it
all the must be proven that
Page | 7 circumstance, the the order “(a) is
order is necessary necessary for the
for the protection of protection of the
a prescribed prescribed person;
person.” or (b) would be in
the best interest of
a child.”
Antigua YES Section 5
&Barbuda
DVA
T&T DVA YES Section 5- NO
By subsection (1),
where the Court
finds on a balance of
probabilities that
domestic violence
has occurred, it may
issue a Protection
Order.
By subsection (2), it
must be shown that
the accused “(a) is
engaging in or has
engaged in domestic
violence against the
applicant; or (b) is
likely to engage in
conduct that would
constitute domestic
violence, and in
either case, having
regard to all the
circumstances, the
Order is necessary
for the protection of
the applicant.”
Belize DVA YES Section 4(1)- on a YES Section 8
balance of
probabilities… (2)
must be proven that
the accused (a) is
engaging in or has
engaged in domestic
violence against a
 LAW 3210 FAMILY LAW I (HUSBAND & WIFE) DOMESTIC VIOLENCE

person specified in
the application; (b)
has engaged in
domestic violence
against a person
Page | 8 and, unless
restrained, is likely
to engage in further
conduct that would
constitute domestic
violence; or (c) has
threatened to
engage in conduct
that would
constitute domestic
violence and unless
the respondent is
restrained, is likely
to engage in
conduct that would
constitute that, or
another domestic
violence offence, in
either case having
regard to all the
circumstances of
the order is
necessary to protect
the applicant or any
other person
specified or is on
the best interests of
a child.