Teno signs law vs. domestic violence

Suffer in silence no more.

Victims of domestic violence and spousal abuse now have more remedies to prevent such incidents from happening and to fight for their rights under a landmark law signed yesterday by Gov. Pedro P. Tenorio.

Public Law 12-19, otherwise known as the “Domestic and Family Violence Prevention Act of 2000,” aims to curb the growing number of families on the islands who have limited recourse to stop abuses at homes.

Members of the Family Violence Task Force and lawmakers witnessed the signing ceremony held at the governor’s office, nearly a month after completing the legislative process that cost advocates over four years of struggle.

Mr. Tenorio said various agencies and organizations dealing with family and domestic violence have backed the legislation, noting the long process of putting in place such protection.

“The Legislature, however, is very cognizant of the concerns raised during the discussion on the bill,” he said in signing the new law.

“I urge [legislators] to expeditiously address those concerns so as not to jeopardize the implementation of this legislation,” added the chief executive.

Sponsored by Sen. Richardo S. Atalig, the comprehensive law had its origin in previous legislatures where it failed despite aggressive lobbying by advocates who believed absence of laws only encouraged perpetrators to continue the abuse while victims suffer in silence.

Major step

Laura T. Flores, the task force’s program coordinator, described it as a “monumental step” towards addressing domestic violence in the CNMI.

“We commend the Legislature for actively taking a stand against domestic violence,” she told reporters after the signing. “It’s sending a clear message to our community who are concerned about this issue.”

At present, the Department of Public Safety receives an average of 65 cases of domestic violence each month, according to Ms. Flores, but added the task force does not have accurate data of the number of victims.

“With domestic violence, it’s grossly unreported so the cases we do have don’t necessarily reflect the true magnitude of the problem,” she said.

Assistant Attorney General Kevin Lynch, chief criminal prosecutor, underscored the significance of PL 12-19 in determining the extent of the problem in the CNMI.

“This [law] allows us to do a lot towards addressing those problems in a meaningful way,” he told reporters.

Aside from prohibiting acts of domestic and family violence, the law provides remedies, penalties, and courses of treatments to both victims and perpetrators.

Several government agencies, such as the Departments of Cultural and Community Affairs, Public Safety, Public Health and Public School System are tasked to draw up respective plan intended to help victims and report acts of violence at homes to authorities.

Key provisions

The Attorney General’s Office are required to set up a Victim’s Advocate office where family members involved in domestic quarrel or abuse can run to for help, according to the law.

It is permitted to enter into a contract with a private agency or organization that helps victims. The task force is designated as lead agency in promoting awareness and gathering data on domestic violence incidents for use by the court and government agencies.

But significant steps are achieved on how the court must handle the case as it lays down procedures for petitioning the judge for relief, like restraining order and custody of children.

The court 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 be conducted within 10 days from filing of the petition and the court is forbidden from denying that petition solely because of lapse of time between the act of violence and the filing.

Violation of the order issued against the perpetrator constitutes contempt of court, punishable by up to six months in jail, a $100 fine or both. The police will be able to arrest him or her without warrant for the violation.

Mr. Lynch said he does not see major changes to the new law, although amendments are expected to be enacted to deal with concerns raised by the Superior Court. These will include provisions on filing fees and the role of clerk office in assisting victims.

“The [law] allows to address problems that come up and to actively pursue remedies for families so that we can have healthier and happier families,” he said.