The Domestic Violence Decree brings protection to everyone living in a family situation.
Those were the words of Former High Court Judge Nazhat Shameem who said under this decree there is a clear definition of what domestic violence is and who the law applies to.
Violence under the decree means physical injury or threatening physical injury, sexual abuse or threatening sexual abuse, damaging or threatening to damage property of a victim, threatening, intimidating or harassing, persistently behaving in an abusive, cruel, inhumane, degrading, provocative or offensive manner.
It also covers people causing the victim apprehension or fear by following the victim, loitering outside a workplace or other place frequented by the victim, entering or interfering with a home or place occupied by the victim or interfering with the property of the victim.
Shameem said another major change is an assault under the Domestic Violence is not reconcilable as has been the practice in the past.
The decree also ensures proceedings are speedy, inexpensive and simple and the need to ensure that the victims should remain in their homes.
It is also made clear that each police officer must when an incident of domestic violence is reported, respond in a timely way, investigate and render such assistance as is reasonable in the circumstances of the victim.
It also stated that a police officer must make an application for a restraining order where the perpetrator has been charged or where a police officer believes or suspects that an offence under the decree has been committed, is being committed, is imminent or is likely to be committed.
Shameem revealed that the first draft of the Domestic Violence law was with the government about ten years ago but nothing eventuated.
Decree protects any family member
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