Domestic and intimate partner violence

The Domestic Violence Act (the “DVA”) serves to combat the prevalence of domestic violence in Grenada.

The Domestic Violence and Matrimonial Proceedings Act of 1976 allows women to obtain a court order against abusive husbands without the need for divorce or separation proceedings. In addition, women can obtain a court order to remove a co-inhabitant from matrimonial home, regardless of whether the co-inhabitant owns the home. Case law has extended this Act to cover joint tenancies outside of marriage. See Case Law Section below.

This memorandum provides a brief overview of violence against women in Turkey and, in doing so, highlights select reports and news stories, and references key legal obligations and case law touching on this problem.

The Domestic Violence Prevention Act was originally enacted in 1956 to recognize the importance of domestic violence as a serious crime against society and to establish an official response to domestic violence cases that stresses the enforcement of laws to protect victims and communicate that violent behavior is not excused or tolerated. In passing the Act, the legislature specifically provided that its intent was that the Act can be enforced without regard to whether the persons involved are or were married, cohabitating, or involved in a relationship.

The Domestic Violence Survivors Justice Act (DVJSA) allows New York courts to impose reduced or alternative sentences and to resentence incarcerated individuals, when documented domestic abuse significantly contributed to the offense and a standard sentence would be unduly harsh. Penal Law § 70.45 provides the determinate-sentencing framework that courts may depart from under the Act. Penal Law § 60.1

The Domestic Violence – Victims’ Protection Act 2018 (the “Amending Act”) is an Act which amended the Employment Relations Act 2000 (the “ER Act”) to provide employees who are affected by family violence with a right to request a short-term change (2-months or shorter) to their working arrangements.

The Domestic Violence, Crime and Victims Act of 2004 was enacted to protect victims of crime and specifically domestic violence. It amends non-molestation orders under Family Law Act 1996 to provide a criminal sanction for non-compliance, with a maximum sentence of five years' imprisonment and fines. See Section 1. It amends the Protection from Harassment Act 1997 to allow restraining orders to be imposed upon even acquitted defendants, if the court “considers it necessary to do so to protect a person from harassment by the defendant.” 

Here, the plaintiff moved to extend a protective order against the defendant, her ex-husband. The trial court granted the extension and the defendant appealed. In this case, while the parties were married, the defendant assaulted the plaintiff in their garage and attempted to suffocate her while she was knocked to the ground and she almost lost consciousness. The defendant only stopped when the parties’ daughter entered the garage and the plaintiff told her to call 911. The defendant was arrested and served six months in jail.

E.S.’s ex-husband S was convicted of ill-treatment, violence and sexual abuse against E.S. and their daughters and sentenced to four years' imprisonment. E.S. requested an interim measure ordering S to move out of the council flat of which they were joint tenants. The domestic courts dismissed her request, finding it lack the power to restrict S’ right to use the property under the relevant legislation. The appellate courts upheld that decision noting that E.S.

Article 309-1: Penal Code of the Dominican Republic, Violence against Women

Article 309-1 provides that violence against women means any public or private act or conduct, motivated by a woman’s gender, that causes physical, sexual, or psychological harm or suffering to a woman, by physical force, verbal or psychological violence, intimidation or persecution.