PERSONS affected by domestic violence or abuse who are not receiving professional services from members of the Guyana Police Force can approach the Magistrate’s Court directly, and a charge can be filed there against the perpetrator.

This is according to Principal Magistrate Sherdel Isaacs-Marcus during a United Nations Children’s Fund (UNICEF) media sensitisation forum on the coverage of domestic abuse and sexual offences.

The event was held on Friday at Parc Rayne, Rahaman’s Park, Houston, East Bank Demerara.

A domestic violence protection order is a court order limiting the behaviour of the person who is being violent (the respondent).
“Persons can apply for protection orders by going to any of the Magistrates’ Court, the applicant provides the clerk of court with the information as it relates to the conduct or words of the abuser. In the alternative, persons can approach Legal Aid office or an attorney-at-law who can file for a protection order with the court registry, with an affidavit in support,” the magistrate said.

The magistrate explained that the clerk at the registry will prepare the documents based on the information that the victim provided and the accused will be placed before a magistrate on the same day or subsequently.

“Once the magistrate is satisfied, having listened to the applicant or the affidavit used, the magistrate can grant an interim order in the absence of the abuser. The abuser must be served personally with the document; the applicant usually accompanies the policeman to serve the document on the respondent,” Magistrate Isaacs-Marcus said.

During the second hearing in court, Mrs. Isaacs-Marcus said a magistrate can proceed in the absence of the abuser or issue an arrest warrant.

“Once the court is satisfied on a balance of probabilities that the respondent would have engaged in conduct mentioned and the court will consider the need to secure the health and wellbeing of the applicant, health and wellbeing of any children or relevant child, accommodation needs of the applicant, any hardship that may be caused to the respondent, income assets and financial obligations of the respondent and other circumstances,” the magistrate underscored.

As such, the magistrate said a probation officer will be assigned and a report will be submitted to the court.

Based on this report, the magistrate said court orders can be made to restrain the respondent from verbally, and or physically abusing and or threatening the applicant or from maliciously damaging property.

Further, the magistrate said that the court can restrain the respondent from persistently following the applicant from place to place or making persistent unwelcome communications with a person via phone calls, text message, phone, and social media or through agents.

Additionally, the court, she said, can also prohibit abuser from using fear of physical violence or emotional injury, prohibit the respondent from coming within specified distance of the applicant, place of residence, place of work, place of education; prohibit from engaging in harassing or psychologically abusing the applicant, prohibit the respondent from sending unwelcomed messages, or from posting
messages/pictures on social media.

In further explaining the legal options available, Magistrate Isaacs-Marcus said the court can also make an order for maintenance, prohibit the respondent from taking possession of specified personal property, order the respondent to return the property and provide that respondent seek appropriate counselling.

She underscored that the court can also make an occupation order for a specified period; the court can also put out the abuser and give the victim and children, if any, permission to stay in the house.

At the end of the case, Mrs. Isaacs-Marcus said that the magistrate must explain the orders that were made and explain to the parties the contents of the order, how long it lasts for, what can happen if there is a breach and how the order can be changed.

“Once the order is granted by the magistrate and it is breached, the applicant can go to the nearest police station and make a complaint and the police will charge the abuser in breach of the Domestic Violence order which attracts a fine or imprisonment,” the magistrate noted.