Saint Vincent and the Grenadines: Domestic violence; the role of the Family Court; procedure for applying for a protection or occupation order; services for abused women (2006 - November 2007)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 13 November 2007 |
| Citation / Document Symbol | VCT102614.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Saint Vincent and the Grenadines: Domestic violence; the role of the Family Court; procedure for applying for a protection or occupation order; services for abused women (2006 - November 2007), 13 November 2007, VCT102614.E, available at: https://www.refworld.org/docid/4784def11e.html [accessed 5 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
International human rights reports indicate that domestic violence is an ongoing and "serious problem" in Saint Vincent and the Grenadines (US 6 March 2007, Sec. 5; Freedom House 2007).
An immigration officer at the Canadian High Commission in Trinidad and Tobago, who conducted interviews on social conditions with officials in Saint Vincent and the Grenadines during a two-day visit in May 2006, provided the following information in correspondence dated 9 July 2006. He stated that police officers generally take action in domestic violence cases only when the situation seems out of control. Moreover, when the police do not consider the situation to be very serious, they encourage parties to negotiate an agreement rather than proceed with charges. Saint Vincent and the Grenadines has 23 police stations. Police officers do not treat cases of domestic violence differently from other complaints. Consequently, it is very difficult to establish the statistics regarding the number of domestic violence cases reported to the different police stations because they are not distinguished from all other complaints (for example, assault and harassment).
Country Reports on Human Rights Practices for 2006 indicates that police are often reluctant to proceed with domestic violence cases because, in a number of cases, victims do not follow through and press charges after an initial complaint (US 6 Mar. 2007, Sec. 5). The same report states that police officers have received training on domestic abuse that stressed "the need to file reports and, if there was sufficient evidence, to initiate court proceedings" (ibid.) In some cases courts have fined victims who pressed charges but then did not testify (ibid.).
The Family Court and protection orders
In a 31 October 2007 written correspondence with the Research Directorate, the President of the Family Court of Saint Vincent and the Grenadines stated the following:
The Family Court was established as a Court of record in 1992 and became operational in 1995. The court has sole jurisdiction to deal with matters involving domestic violence.... The Court's mission is to provide an effective and accessible justice system for the resolution of disputes using preventive, punitive, therapeutic and supportive measures administered by independent and competent officers in a timely, impartial and effective manner.
Further, the President of the Family Court explained that
[c]riminal matters involving domestic violence and child abuse are solely within the province of the Director of Public Prosecutions. The offenders are arrested, charged and prosecuted by the police before the Family Court. The standard of proof is beyond reasonable doubt. Civil applications for protection and occupation orders are filed and processed at the court office and evidence is elicited by either the Counsel for the litigants or by the Magistrate in Court. (Saint Vincent and the Grenadines 31 Oct. 2007)
According to the President, protection and occupation orders
are made on substantiated allegations of abuse and the Court may only make such orders if satisfied that the respondent: a) has used or threatened to use violence against or caused physical or mental injury to a prescribed person and is likely to do so again; or b) has committed or attempted to commit any sexual offence listed in Part VIII of the Criminal Code or has conducted himself in a manner which is sexually offensive and that the order is necessary for the protection of the prescribed person. (ibid.)
The President of the Family Court added that there were no changes to the legislation in the field of domestic violence between October 2006 and October 2007 and provided the following statistics in relation to cases of domestic violence and protection orders (Saint Vincent and the Grenadines 31 Oct. 2007). From January to the end of October 2007, out of a total of 177 protection orders filed, 75 were granted, 70 were "struck out," 13 were denied, 7 were dismissed and 5 were withdrawn (ibid). For the same period, a total of 33 arrests for domestic violence were registered, leading to 22 convictions, 7 dismissals and 5 cases registered as "offer[ing] no evidence" (ibid.).
The website for the Family Court of Saint Vincent and the Grenadines provided the following information on the procedure for applying for a protection or occupation order (Saint Vincent and the Grenadines n.d.a). Any victim of domestic violence can apply for a protection or occupation order. Any member of the victim's family, whether part of his or her household or not, can also apply for a protection or occupation order on behalf of the victim. The applicant is first "interviewed by the Legal Clerk of the Court, i.e. to obtain details of the type of violence, date of incident, place of work or address where Respondent can be reached, etc." The applicant is then "given the option to have the matter settled through counselling or through mediation." If the applicant is not interested in either of those services, "he/she is free to proceed with application for the Order." Applicants must show identification and sign the application in order for it to be processed. Once an application has been made, the court gives the applicant a date for the hearing, and the applicant is expected to appear on that date; the "[s]ummons is given to the Bailiff of the Court to be served on the Respondent [who is required to] appear in Court on the specified date on the summons." If the respondent appears in court but the applicant does not, "the matter can be struck out on the grounds of non-appearance by Plaintiff" because "non-appearance can be taken to mean that the Plaintiff no longer has any interest in the case." In the absence of the respondent, the court can issue a protection or occupation order which is valid for 7 days. The orders are issued based on the evidence presented to the Court.
According to further information on the website for the Family Court of Saint Vincent and the Grenadines, when an "abuser" breaches a protection or occupation order issued by the Family Court, "the Applicant should report the matter to the nearest police station" so that the "abuser" can be arrested (Saint Vincent and the Grenadines n.d.a). Under Subsection 5(2) of the 1995 Domestic Violence (Summary Proceedings) Act, "when a protection order is in force, a police officer may arrest without a warrant a person whom he has reasonable cause to suspect of having committed a breach of the order" (ibid. 17 Oct. 1995). The "abuser can be arrested and charged; brought before the Court; fined and/or imprisoned" (ibid. n.d.a). Subsection 5(5) of the 1995 Domestic Violence (Summary Proceedings) Act states that "a police officer may in the absence of a protection order take such steps as may be necessary and appropriate including the exercise of the power of arrest for the protection of any member of a household where he knows or has good cause to believe that a person is the object of domestic violence and is likely to be further abused" (ibid. 17 Oct. 1995).
The Canadian High Commission Immigration Officer in Trinidad and Tobago provided the following information in 9 July 2006 correspondence. The Family Court "provides material assistance to those in need and assists in locating temporary shelter." However, the Court has a limited ability to enforce its decisions. Mediation and consultation sessions are regularly cancelled after only a few meetings. Offenders often ignore protection orders, apparently with very few consequences. This information could not be corroborated among the sources consulted by the Research Directorate.
Other governmental services
The Department of Family Services of the Ministry of National Mobilization, Social Development, Local Government, Gender Affairs, Family Affairs, Persons with Disabilities and Non Governmental Organizations provides support to the Family Court; for example, "[t]here are three Counsellors within the department who provide support to the Court by preparing and presenting probation and social enquiry reports, as well as by counselling both victims and perpetrators of violence and abuse" (Saint Vincent and the Grenadines 31 Oct. 2007; see also Marion House 23 Oct. 2007). Country Reports 2006 adds that staff from the Ministry provides "a referral and information service to domestic violence victims, educating victims on the role of the police, legal affairs, and the Family Court in dealing with domestic violence, as well as possible assistance from various NGOs" (US 6 Mar. 2007, Sec....
Non-governmental organizations (NGOs)
In 23 October 2007 correspondence, the Director of Marion House, a non-profit social services agency founded in 1989, stated that, other than counselling, victims of domestic violence "have very little recourse." Furthermore, the Director noted that there are no shelters (Marion House 23 Oct. 2007). Marion House provides a variety of services to individuals who face difficult issues; services include marital counselling (Saint Vincent and the Grenadines 31 Oct. 2007) and counselling for victims of domestic violence (US 6 Mar. 2007, Sec....
According to Country Reports 2006, NGOs such as the Saint Vincent and the Grenadines Human Rights Association (SVGHRA) and the Caribbean Association for Feminist Research and Action (CAFRA) provide countrywide training to women to educate them about their rights (US 6 Mar. 2007, Sec....
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Canada. 9 July 2006. Canadian High Commission in Trinidad and Tobago. Correspondence from an immigration officer.
Freedom House. 2007. "Saint Vincent and the Grenadines." Freedom in the World 2007.
Marion House. 23 October 2007. Correspondence received from the Director.
Saint Vincent and the Grenadines. 31 October 2007. Family Court. Correspondence received from the President.
_____. 17 October 1995. Domestic Violence (Summary Proceedings) Act, 1995.
_____. N.d.a. Judiciary – Family Court.
"Protection/Occupation Orders of the Court."
United States (US). 6 March 2007. Department of State. Country Reports on Human Rights Practices for 2006.
Additional Sources Consulted
Oral sources: The Gender Affairs Division of the Department of Family Services of the Ministry of National Mobilization, Social Development, Local Government, Gender Affairs, Family Affairs, Persons with Disabilities and Non Governmental Organizations, the Carribean Association for Feminist Research and Action (CAFRA) and the Saint Vincent and the Grenadines Human Rights Association (SVGHRA) did not respond to information requests within the time constraints for this Response.
Internet sources, including: Amnesty International (AI), Caribbean Net News, Economic Commission for Latin America and the Caribbean (ECLAC), Factiva, Human Rights Watch (HRW), Organization of American States (OEA), Saint Vincent and the Grenadines Human Rights Association (SVGHRA), World News Connection.
