The principal remedy provided for in law is a court-ordered protection order, which can sanction domestic violence offenders and provide certain protections to victims of domestic violence.
Who can apply? A person, including a spouse of the respondent, child, dependent, parent, family member of the respondent or spouse, partner, police officer or approved social worker, may apply for a protection order on the basis that the respondent has been engaged in domestic violence.[1]
When are they granted? Where the court determines, on the balance of probabilities, that the respondent has or is likely to engage in conduct that would constitute domestic violence, or considers in the circumstances that the order is necessary for the protection of the applicant, the court may issue a protection order.[2]
What protections do they offer? The terms of the protection order are broad and the court can determine to effect any or all of them. They include (but are not limited to) the following:[3]
- prohibiting the respondent from engaging in conduct that would constitute domestic violence, attending premises or locations specified by the order, or coming within a certain distance of them
- requiring the respondent to pay monetary relief, vacating a place of residence, making or continuing to make payments and ensuring the child has reasonable care
- ensuring that the applicant or both receive professional counseling or therapy
What factors does the court consider? The court considers multiple factors such as the nature, history or pattern of violence that has occurred, the need to protect the applicant and the welfare of any child, as well as factors such as the hardship caused to the respondent, the financial situation of the respondent and the need to preserve and protect the institution of marriage.[4]
What are the consequences of breaching a protection order? Breaching a protection order can result in an offense ranging from a fine not exceeding TTD 9,000 to five years of imprisonment, depending on how many convictions the respondent has.[5]
Please refer to Section 4.1 for more detail.The Domestic Violence Act sought to introduce comprehensive domestic violence legislation on par with international standards as specified by the UN Commission on Human Rights.
The preamble to the Domestic Violence Act captures some of the recommendations that Recommendation 35 had called for, including needing to support social change and influencing the community attitude toward domestic violence, as well as ensuring that legislation provides a prompt and equitable legal remedy for victims of domestic violence.
The draft Amendment Bill seeks to strengthen this by expanding key definitions and categories of those who can seek protection and redress under domestic violence legislation to provide additional protection for victims of domestic violence in Trinidad and Tobago.