Gender equality group supports Domestic Violence Bill

KUCHING: The Joint Action Group for Gender Equality (JAG) supports the Domestic Violence (Amendment) Bill 2017, which was tabled in Parliament recently.

JAG – a coalition of women’s non-governmental organisations ( NGOs) working on issues of violence against women – said moving forward, society must ensure enforcement is effective and further improve the law.

JAG said the amendments to the Domestic Violence Act 1994 ( DVA) would among others prevent gaps in protection.

“An interim protection order ( IPO) protects survivors during police investigation, while a protection order ( PO) protects survivors during criminal court proceedings. The amendments specify when an IPO ends, and when a PO begins, so survivors won’t be left without protection between police investigations and court proceeding,” it said in a press statement.

Additionally, JAG said the amendments will strengthen the IPO to prevent further abuse, noting that an IPO can include additionally safeguards, like prohibiting an abuser from coming near a survivor, so police can intervene before further violence happens.

“The amendments will expand the definition of domestic violence. The expanded definition will protect against: misappropriating property, which causes distress; threatening, which causes distress or fear for safety; or communicating (including electronically) with the survivor to insult modesty.

“The amendments will also improve rehabilitation provisions. A court can no longer order a survivor to attend reconciliatory counselling with the abuser, which puts the survivor in danger. Instead, the abuser can be ordered to complete a rehabilitation programme,” said the statement.

Further, JAG said the amendments will recognise a survivor’s right to exclusive occupancy such as if a court grants a survivor occupancy of a shared residence, it must grant the survivor exclusive occupancy – not just a specified part of the residence.

“The amendments will keep survivors better informed. The police officer must keep survivors informed on the status of investigation, status of IPO and PO, and important court dates.

“The amendments will also create the Emergency Protection Order ( EPO). The EPO helps survivors get protection faster – EPOs are issued by social welfare officers who are easily accessible ( IPOs are issued by magistrates).

“Survivors won’t have to make a police report to get an EPO. The EPO is valid for seven days, and protects against physical injury and fear of physical injury,” said the statement.

JAG said the Bill is a result of collaboration between various stakeholders, including the Ministry of Women, Family and Community Development, the Women’s Parliamentary Caucus, and the Attorney General’s Chambers on these amendments since end-2013.

“Most importantly, we acknowledge the courageous survivors who have shared their experiences with us. These experiences drove and informed our policy recommendations.”

JAG also called for stalking to be criminalised under the Penal Code and to be recognised in the DVA.

“Recognise abuse between unmarried intimate partners, extend the maximum duration of POs, to protect survivors when the court proceedings are over and enable survivors to get long term protection without needing to press criminal charges against the abuser.

“Changing the law is just the first step. For the law to improve lives, enforcement agencies – particularly the police, One Stop Crisis Centres ( OSCC) in public hospitals, the Welfare Department (JKM), the Attorney General’s Chambers, and the court system – must receive sufficient resources, training, and supervision to implement the law,” said the statement.

JAG said the immediate next step is to update enforcement agencies’ shared guidelines on handling domestic violence cases.

If implemented effectively, JAG said the new Bill could transform and save the lives of thousands of domestic violence survivors each year.