Acknowledging challenges… H&S Coordinator identifies successes of Domestic Violence Act

From Guyana Chronicle of 23 January, 2009

Acknowledging challenges…
H&S Coordinator identifies successes of Domestic Violence Act
By Vanessa Narine
HELP and Shelter (H&S) Coordinator, Margaret Kertzious, has pointed to successes of the Domestic Violence Act but acknowledged that daily challenges faced by the victims resulted in the agency developing a protocol for the implementation.

She said the blueprint aims to focus on the primary issue affecting persons who suffer, which is the process of filing for a protection order.

Ms. Kertzious said, according to the law, a qualified social worker as well as lawyers, from the legal aid agency, too, are permitted to under the process.

However, in some cases, magistrates stipulate that, only attorneys-at-law are allowed to file, making the procedure slow, she said.

Kertzious explained that the restraining one is among three provided for in the legislation, which gives legal protection to any person, adult or child, who is suffering from domestic abuse or is at such risk.

The other two are the Tenancy and Occupation orders, the former stipulates that the victim is to become the sole tenant of the house and may even be required to pay the rent while having no right to live there.

The latter similarly allows the sufferer to live in the place that may belong to but prevents the abuser from occupying it.

Kertzious said the statute offers protection from any person, a husband or wife legally married or in a common law relationship, a fiancée, a relative and any other with whom the victim has had sexual relationships or an affiliate.

Protections
“Because of these protections provided, anyone suffering domestic abuse can go to the Magistrate’s Court nearest to where they live and obtain a protection order,” she assured.

Kertzious said the edict will forbid the abuser from:

* harming or harassing victims or their children;

* being in or around the place where the victim lives, works or goes to school;

* being in or around homes where the victim visits friends or relatives;

* speaking or sending unwelcome messages to the victim and

* employing the assistance of anyone to harass the victim.

Kertzious said the abuser can also be ordered to pay maintenance or child support for the upkeep of children who may be involved, pay or contribute to the welfare of the victim or go for counselling.

Breach of the protection order is an offence and, if found guilty, a person can be fined $10,000 and jailed for a maximum of 12 months and discharge of the order will only be granted through a Court hearing, she explained.

Kertzious said, to complement the protective measures enshrined in the Act, the implementing protocol will render the process of issuing protection orders more efficient.

“Currently if the victim is in immediate danger an interim order can be granted as soon as the application is filed in the Magistrate’s Court and will be valid for a total of 14 days. However, the protection order will, eventually, be issued for a specified time of either three, six or 12 months and can be renewed,” she stated.

Hope
Kertzious said it still takes time but the hope is that the protocol would assist in the administration of rights under the Act.

Meantime, a referral system is in place to support victims of through the Legal Aid Clinic at Charlotte and King Streets, Georgetown.

It assists victims to obtain the protection orders easily and, through H&S, to provide a life free of violence, Kertzious stated.

She declared that a life free of violence is a right and, on that basis, the Act seeks to assist individuals suffering any form of abuse, be it physical or threats of it, verbal, psychological, sexual and any form of intimidation, harassment or sadism.

H&S has ongoing sensitisation in Regions Three (West Demerara/Essequibo Islands) and Five (Mahaica/Berbice).

Kertzious admits that there is much more advocacy needed to be done and H&S is moving to extend its efforts to Regions Two (Pomeroon/Supenaam), Six (East Berbice/Corentyne) and Seven (Cuyuni/Mazaruni).