The National Assembly yesterday approved the Family Violence Bill with sweeping new provisions including police officers being allowed to enter premises without a warrant to provide assistance to a person under threat.
It will replace the Domestic Violence Act once assented to.
Spearheaded by Minis-ter of Human Services Vindhya Persaud, the legislation aims to address the root causes and escalating frequency of domestic violence that has been wreaking havoc in homes and resulting in tragic loss of life.
For nearly three decades, Guyana’s domestic violence laws were governed by the Domestic Violence Act of 1996. The new bill, a comprehensive update, replaces the Act with a modern framework designed to offer expansive protection to individuals within the family unit. The Family Violence Bill, which comprises 58 clauses, one schedule, and six parts, addresses areas previously overlooked and incorporates insights from various research studies and international models.
“Domestic violence is more than a statistical concern; it is a deeply personal crisis affecting one in three women before the age of 55,” Persaud asserted during the debate. The legislation reflects a broader understanding of domestic violence that extends beyond interpersonal conflicts, encompassing violence within family relationships, regardless of whether the individuals are currently in a relationship or have had past connections.
The bill benefited from extensive consultations with NGOs, the Bar Asso-ciation, and other stakeholders, ensuring that it is both comprehensive and sensitive to the complexities of family violence. It draws on lessons from various international frameworks, including the United States’ Violence Against Women Act, New Zealand’s Family Violence Act, and Trinidad and Tobago’s Domestic Vio-lence Bill of 2020. Addi-tionally, it considers the findings from a 2021 report on new and emerging forms of family violence in Guyana.
A key advancement of the Family Violence Bill is the shift from civil to a dual system of civil and criminal remedies. Unlike the previous Act, which did not classify domestic violence as a criminal offence, the new bill introduces criminal litigation options. This change is aimed at holding offenders accountable while providing enhanced protection for victims.
The bill also emphasizes the importance of police involvement. Officers are now authorized to enter premises without a warrant to provide assistance in domestic violence situations and to arrest perpetrators. The bill also mandates that police reports include photographic evidence, further strengthening the documentation process.
In addition, the bill introduces provisions for compensation, allowing victims to seek redress from perpetrators through the courts. This provision aims to address the financial insecurity that often traps individuals in abusive relationships.
The explanatory memorandum said that the first significant change which the Bill seeks to achieve is an expansion of the kinds of violence it addresses and the categories of persons who are entitled to seek and obtain protection from the courts. ‘Domestic Violence’ it noted has always been recognised as violence which occurs between current and former partners in intimate settings. ‘Family Violence’ is expansive and relates to all forms of violence between ‘family’ members. This will include violence between persons involved in intimate relationships as well as other family members – extended family members, whether formally recognized or not.
The explanatory memorandum added that one of the main changes is the mandatory obligations imposed on police officer. Another substantial change is a mandatory requirement imposed on the senior officer at each station, upon the receipt of a report of any family violence, to expeditiously consider whether a criminal investigation should be launched or whether criminal charges should be laid.
Yet another change is the creation of new civil cause of action which will allow a victim of family violence to claim damages and compensation against a perpetrator of family violence.
Clause 10 empowers the court to issue a final protection order and sets out the basis upon which such a final order would be made.
Clause 11 sets out the scope of a Protection Order. In particular, this section delineates the prohibitions and directions that the court may include as terms of a protection order.
Clause 13 of the Bill provides for the duration of protection orders issued under the Act. (This is keeping with a High Court decision by Chief Justice lan Chang who declared that such orders must be a finite life span.)
Clause 17 of the Bill empowers the court to issue an occupation order which gives the person named in the order the right to live in the household residence.
Clause 18 provides the effect of an occupation order and clause 19 of the Bill empowers the court to vary or revoke an occupation order issued under the Act.
Clause 20 of the Bill empowers the court to issue a tenancy order which vests tenancy of a dwelling house in the person named in the order.
Clause 21 provides the effect of a tenancy order and clause 22 of the Bill empowers the court to revoke a tenancy order issued under the Act and revest the tenancy.
The Bill also compels the police to arrest any perpetrator of any physical violence which is regarded as family violence. In these instances, the police may avoid an arrest if the respondent tells the officer that they do not wish the offender to be arrested. But the police officer is barred from telling the respondent of this possibility and the police officer is also expressly barred from seeking to mediate a resolution between the parties.
Clause 40 of the Bill imposes a duty on police officers who respond to family violence complaints to prepare written reports of the incident.
Clause 41 of the Bill empowers police officers to enter premises without a warrant to provide assistance to a person on the premises.
Clause 42 of the Bill empowers police officers to arrest a person whom they reasonably believe has contravened is about to contravene the terms of a protection order.
Clause 45 of the Bill provides the circumstances relating to family violence under which a Magistrate may issue a warrant authorizing a police officer to enter premises.
Clause 48 of the Bill empowers the court to direct the use of special measures in respect of family violence proceedings under the Act.
During the debate, Opposition member Natasha Singh-Lewis acknowledged the groundwork laid by the previous APNU+AFC administration, particularly praising the efforts of Amna Ally and Volda Lawrence. She stressed the need for effective enforcement by law enforcement agencies and highlighted the importance of tracking domestic violence prevalence rates to better understand and combat the issue.
