Violence against the female gender simply refers to all the acts perpetrated against them which could definitely cause psychological, physical, social and moral danger. It could also mean a threat to perform such an act on them. Everyone is entitled to fundamental freedom such as freedom of speech but when such freedom is threatened, violence is definitely in place. With that well-defined, what then is domestic violence?
Domestic violence is the use of power by a partner over another. Such as violence, it causes psychological, physical, social and moral danger. Domestic violence is not limited to women alone, children also go through this hazardous act. This act can maim, injure, terrorize, hurt or kill.
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Domestic Violence Law
Homes should be where people find solace and comfort but domestic violence has turned most homes into a war zone. I have heard of rape, battery and emotional abuse cases that were not resolved. Most times, the community even blame the victim. The blame and evil actions lead to suicide or psychological problem.
Under the domestic violence law is the Child Rights Act, which stops and control sexual abuse and violence against children. Whether a child is under his/her parents or guardian, the law covers them. This law also seeks against maltreatment, negligence, physical violence/abuse, exploitation while they are in the custody of their parents or legal guardians.
The Domestic Violence Law seeks to protect people in a domestic relationship from abuse, violence, and maltreatment and to provide a fair hearing for victims. Under the Domestic Violence Law, domestic violence could be either of the following:
- Negligence
- Sexual exploitation such as incest, rape
- Emotional and psychological abuse
- Harassment and Intimidation
- Stalking and/or destruction of properties
- Attack and Acid bath.
The people guided by the law include:
- All members of a family
- Parents or Legal guardians
- Married couple
- Domestic staff such as housemaids, cleaners or housekeepers
- People living together.
Protection Order
Protection Order is issued in court to stop violence perpetrators from carrying out these evil acts I discussed above. This can only be issued if the victim applies to the court.
Who can apply for a Protection Order?
A victim of domestic violence can apply for Protection Order. In case of unforeseen circumstances, someone can stand in for the victim and submit the application. The consent of the victim must be acknowledged before submission of application. A medical staff, police officer, teacher or social worker could stand in for the victim.
Steps to issuing Protection Order
- An order is issued to the perpetrator to inform him/her has been reported to a legal team and he/she should report to the court on a fixed date to defend himself/herself.
- This copy of the application is then given to the perpetrator.
- Few days after the perpetrator get the order, he/she must appear in the court.
For a case where the perpetrator refuses to appear in court as ordered in the notice and the court is sure the notice was delivered and there is enough evidence to back the violence up, the court will issue a Protection Order immediately.
If the perpetrator, however, shows up in court to oppose the application, the court must consider all the evidence presented.
The Power of the Protection Order
The power of the Protection Order ensures the perpetrator of the violence stop:
- Being in the same vicinity as the victim.
- Committing more violent acts.
- Being in the association of other perpetrators by the law.
When a perpetrator refuses to obey the Protection Order, the victim should visit a police station and report with an affidavit stating how the perpetrator has disobeyed the order. The police officer in charge should investigate thoroughly before proceeding to court with enough evidence. The court will then check too and if it goes through, the police will receive warrant of arrest. The abuser will then be arrested by the police.
Any court around can issue a Protection Order to a victim/abused person as long as the victim stays, conducts business or married in the state. Also, the Protection Order is effective everywhere the order is made.
Legal Options that can be carried out against abusers
- Criminal Charge: When domestic violence occurs, the victim can go to a police station to report the abuser with enough evidence.
- Claim for Damages: This claim is made by the victim as an act of compensation for what he/she has gone through. Compensation is mostly in term of money to cover medical expenses or psychological trauma.
- Protection Order: As discussed earlier, this is issued to the perpetrator to stop the violence/abuse or face the law.
Act fast and or help people around you to get out of domestic violence. The law can help anyone but one must be ready to be helped.
Have a great day.