Fighting Domestic Violence

Barbados

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6. Special issues
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6. Special issues Start Comparison
6.1 Battered woman syndrome
6.1.1 Can lawyers present evidence of battered woman syndrome or other domestic abuse as an affirmative defense to crimes that the battered woman has committed? (Note: Battered Woman Syndrome is accepted by courts in certain jurisdictions to show that battered women can use force to defend themselves and sometimes kill their abusers due to abusive and life-threatening situations.)

There is no clear provision in the legislation for the use of battered women syndrome or another form of domestic abuse as an affirmative defense to crimes the battered woman has committed. However, limited case law suggests that this type of evidence can be used successfully.

Diminished responsibility is an established defense against the crime of murder under the Offenses Against the Persons Act 1995. This allows a person to be excused from a murder conviction if they suffer from an "abnormality of the mind" to the extent that it has substantially impaired their mental responsibility. According to UN Women, in certain cases, evidence of battered woman syndrome may be presented to support this defense. This comes from a common law development by virtue of the Privy Council's decision in the Trinidad and Tobago case of Indravani Ramjattan v. The State.

According to publicly available information, the court of appeal overturned Ramjattan's murder conviction and imposed a reduced conviction for manslaughter.

However, there is a degree of uncertainty around the applicability of battered woman syndrome and other forms of domestic abuse to support this defense in Barbados. Reports from recent local news sources demonstrate the lack of legislative protection for women relying on self-defense in murder cases.

6.2 Domestic violence in the workplace
6.2.1 Can courts issue orders to protect employees suffering from domestic violence?
Yes, a protection order may include provisions preventing the abuser (respondent) from being on the premises constituting the place of education or work of the victim (complainant). The Act grants a magistrate the power to issue protection orders that exclude the abusive person from the home or workplace. In addition, regarding sexual harassment in the workplace and if the abuser if also the victim's employer, an order can be made to take any action necessary to ensure that the sexual harassment ceases. 
6.2.2 Can departure be deemed "for good cause" if related to domestic violence?
This does not appear to be addressed in the laws of Barbados. 
6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?
This does not appear to be addressed in the laws of Barbados.
6.3 Immigration
6.3.1 Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents from using immigration laws to perpetrate domestic violence against their spouse?
We have not been able to locate any legislation to this effect. The Immigration Act 1976 (as amended) does not mention domestic violence issues. Similarly, the primary domestic violence laws do not refer to immigration. 
6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?
We have not been able to locate any legislation to this effect.
6.3.3 Does domestic violence law discuss asylum accessibility?
No, we have not been able to locate any legislation to this effect.
6.4 Armed forces
6.4.1 Can a victim seek a military protective order if the abuser is in active military?
We have not been able to locate any legislation to this effect. 
6.5 Child custody and child/spousal support
6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?

We have been unable to locate any special rules around determining custody that specifically refer to domestic violence. However, in theory, general rules should mean that domestic violence is at least considered part of such determinations.

The Minors Act 1985 governs child custody issues. This legislation allows either parent to apply for the custody of a minor. When ruling on custody, the court should consider the welfare of the minor, the conduct of the parents and the wishes of the mother and the father.[41] These rulings can be made even if the parents are cohabiting, although orders for custody or maintenance are not enforceable while the mother resides with the father and they will cease to have effect if the cohabiting continues for three months.[42]

Additionally, when issuing a protection order under the Act, the courts may include terms regarding the custody of or access to a child of the abuser (respondent) and the enrollment of male perpetrators of domestic violence in programs facilitated by the Ministry of Social Care.[43]
6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?
Under the Minors Act 1985, the judge can consider the wishes of both the mother and the father.[44] The judge should consider the best interests of the child,[45] but no specific provision is made for the child to testify.
6.6 Housing rights of domestic violence victims
6.6.1 Does the law include any barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence?
In some cases. Specifically, under the Act: (i) if a lease provides that an abuser (respondent) ceases to reside in the residence governed by the lease, then a person (e.g., the landlord) may take action that would be prejudicial to the interests of the abuser (respondent) or a member of the abuser's (respondent's) household; and (ii) if the abuser (respondent) ceases to reside in the place of residence in compliance with a particular order, then that person (e.g., the landlord) is not entitled to take that action.[46] There are special provisions whereby the court will notify the relevant person (e.g., the landlord) of the order.
6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?
We have not been able to locate any legislation to this effect.
6.6.3 Can an order exclude the abuser from the residence?
Yes. Under the Act, a protection order may include provisions that prevent the abuser (respondent) from being on the premises where the victim (complainant) resides.[47]
6.6.4 Can abusers be forbidden by court orders to alienate or mortgage the property in his/her name if it is the family domicile?
We have not been able to locate any legislation to this effect.
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