Battered woman syndrome is not recognized under Trinidad and Tobago law. However, other defenses are available. Please refer to Section 5.3 for further information.
Although employers cannot apply for protection orders on behalf of employees,[44] greater engagement by employers has been strongly encouraged and mandatory reporting is provided in the Amendment Bill.
Domestic Violence in the Workplace Policy
The Crime and Justice Committee of the Trinidad and Tobago Chamber of Industry and Commerce introduced the Domestic Violence in the Workplace Policy. The policy's objective is to guide businesses to develop systems in their own organizations to address domestic violence and create a culture of zero tolerance toward it.
A number of leading companies — including Ansa McAL, Imjin Security Services Limited, Massy Holdings, L.I.F.E. Programme-Massy, Massy Motors, Regency Recruitment, the Trinidad and Tobago Chamber of Industry and Commerce, and others — have pledged support for the policy.[45]
A copy of the policy is accessible here: https://j47y02wug002xeou1gnclloy-wpengine.netdna-ssl.com/wp-content/uploads/2020/01/domestic-violence-workplace-policy-version-28-jan-2020.pdf.
Mandatory reporting
Section 26A of the Amendment Bill[46] contemplates the creation of mandatory reporting obligations for employers that, for a special purpose, have temporary custody, care, charge or control of an adult who due to physical or mental disability, age or infirmity is dependent on another person or a child. In this scenario, and where the employer has reasonable grounds to suspect domestic violence against such a person, the employer will commit an offense and be liable to a fine and potentially imprisonment if it fails to report its suspicion to the police.Although there is no specific provision in law to that effect, the Domestic Violence in the Workplace Policy acknowledges the following:
Victims of domestic violence may need time off to obtain or attempt to obtain a protection order or any other legal assistance to help ensure his or her health, safety, or welfare or that of his or her child or other dependent.
The employer should collaborate with the employee to provide flexible leave options to balance the needs of the domestic violence victim and the employer.No. For more detail on immigration laws, please refer to the Immigration Manual 2008.[47] Although the Immigration Manual 2008 specifies certain special cases[48] that should be referred to a senior officer, these are limited to the following:
- anything of a classified and/or politically sensitive nature
- a victim of human trafficking or smuggling
- other persons in need of international protection, such as refugees
- other cases involving compelling circumstances
While no form of protection order is specifically designed for the military sector, an ordinary protection order has sufficient scope to extend to this scenario.
The principal remedy is a protection order, which is addressed in detail in Section 4.1. A protection order may prohibit the respondent from being on the same premises as the applicant, including any "residence, property, business, school or place of employment"[49] (emphasis added).
As a result, protection orders will apply to women working in the military alongside men.
Finally, in 2013, the government called for increased effort by the Trinidad and Tobago Defence Force and the Trinidad and Tobago Police Service to fight crime. Cooperation between the army and the police involved increased patrols in areas prone to crime, with the intention of making residents feel safer in their own homes. This training may have the resulting effect of reducing domestic violence within the armed forces and police too.Section 13(1) of the Family Law Act[50] states that the court will award custody as it thinks fit, considering the welfare of the child and the conduct and wishes of the applicant for custody. It is implied that the judge will consider any reported domestic violence when granting custody, but the Family Law Act does not outline any special rules to determine custody in domestic violence cases. Furthermore, subsection 14(1) of the Family Law Act outlines how the court may grant custody and visitation to the exclusion of a surviving parent of the child by primarily considering the welfare of the child. Again, no special rules are mentioned in the Family Law Act with regard to domestic violence.
Under subsections 26-30 of the Family and Children Division Act 2016,[51] a specific "children court judge" and "children court master" may be assigned to judge a child-related matter; they may be particularly suitable to judge on such matter due to their special training, experience and temperament.No, neither the Domestic Violence Act nor the Land Tenants (Security of Tenure) Act 1981[53] includes specific barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence. However, no clauses state that domestic violence is a valid reason for a landlord to evict a tenant. As such, an unlawfully evicted tenant would be able to appeal any eviction based upon domestic violence.
The landlord would need to end the tenancy by giving the tenant a valid and written "notice to quit."[54] If the tenancy is fixed, that is, for a specified number of years, the tenancy will end at its expiration. If the tenancy is periodic, for example, monthly or yearly, the notice period is one month and six months, respectively. As stated above, there are no provisions for a landlord to use domestic violence as a valid reason for terminating a tenancy. A landlord can go to court for a possession order against the tenant for reasons such as the nonpayment of rent or on the grounds that the property is required for personal use. Again, domestic violence is not a valid reason for a possession order against a tenant.Yes. A protection order can direct an abuser to immediately vacate any place or residence for a specified period regardless of whether the residence is jointly owned or leased by the abuser and the victim, or solely owned or leased by the abuser or the victim.[55]
Where the court makes a protection order that directs the abuser to vacate a residence, in the same order, the court may direct the police to: (a) remove the abuser either immediately or within a specified time from the residence; or (b) accompany the victim either immediately or within a specified time to the residence to supervise the removal of property belonging to the victim and to ensure the protection of the victim.[56]Yes. A protection order can forbid an abuser from taking possession of, damaging, converting or otherwise dealing with property that the victim may have an interest in or reasonably uses.[57] This would apply to the family domicile.
A protection order can also direct an abuser to make or continue to make payments in respect of rent or mortgage payments for premises occupied by the victim. This precludes the abuser from alienating or mortgaging the property in his/her name if it is the family domicile, and if the victim and any wider family continue to be in residence.[58]
In addition, where the court makes a protection order that directs the payment of compensation under subsection 6(1)(c)(ii), the compensation will include moving and accommodation expenses. The court has the jurisdiction to award compensation not exceeding TTD 15,000 and the payment of this compensation will be received by the court on behalf of the victim.[59]