Senate OKs tougher laws on domestic violence

A comprehensive measure aimed at curbing growing incidents of domestic violence and spousal abuse on the island has passed the Senate in a first significant response to clamor by advocates for tougher laws against perpetrators.

SB 12-34, or the Domestic and Family Prevention Act, now heads to the House of Representatives for voting. The legislation is similar to an earlier proposal introduced in the 11th Legislature by former House Floor Leader Ana S. Teregeyo that failed to go through.

Now offered by Sen. Ricardo S. Atalig, chair of the Committee on Health, Education and Welfare, this bill seeks to prohibit acts of domestic and family violence as well as to provide remedies, penalties, and courses of treatments to both victims and perpetrators.

Advocates have been pushing such legislation amid alarming reports of incidents in the CNMI where absence of laws has only encouraged perpetrators to continue the abuse while victims suffer in silence.

The Family Violence Task Force, created in 1995, has noted that many of the repeat offenders have chosen not to complete counseling due to the fact that they are not punished for doing so despite a court order.

This situation has only dampened women or victims of violent homes from filing cases since taking the matter to court only aggravates the problem.

According to the HEW committee which reviewed the measure, the enactment of this legislation will “tremendously assist the appropriate government agencies to mitigate the ever rising problem of domestic and family violence in the Commonwealth.”

Under Mr. Atalig’s proposal, several government agencies, such as the Departments of Cultural and Community Affairs. Public Safety, Heath and School System, will each draw up respective plan intended to help victims and report acts of violence at homes to authorities.

The Attorney General’s Office will also be required to set up a Victim’s Advocate office where family members involved in domestic quarrel or abuse can run to for help.

The proposed office shall also be allowed to enter into a contract with a private agency or organization that helps victims. The Family Violence Task Force, on the other hand, will be designated as lead agency in promoting awareness and gathering data on domestic violence incidents for use by the court and government agencies.

But significant recommendations are made by the legislation on how the court must handle the situation as it lays down procedures for petitioning the judge for relief, like restraining order and custody of children.

The court, according to the bill, can issue emergency order for protection of the victims based on a report from a police officer who is investigating an allegation of domestic abuse.
A judge will also be made available 24 hours for immediate issuance of such an order which will remain valid within 72 hours after service on the respondent or the perpetrator.

A court hearing must also be conducted within 10 days from filing of the petition and the court will also be forbidden from denying that petition solely because of lapse of time between the act of violence and the filing.

A violation of the court order against the perpetrator constitutes contempt of court, punishable by up to six months in jail, a $100 fine or both. The police will also be allowed to arrest him without warrant for violating the order, according to the bill.