Domestic Violence

• Author: Fara Brown
• Profession: Attorney-at-law practising in Jamaica for over 30 years
• Pages: 232-255

6. Domestic Violence

1. INTRODUCTION

2. THE DOMESTIC VIOLENCE ACT

3. PROTECTION ORDERS

4. OCCUPATION ORDERS

5. OTHER ORDERS

6. THE MATRIMONIAL CAUSES ACT – SECTION 10

7. PRACTICE AND PROCEDURE FOR DOMESTIC VIOLENCE

8. THE WAY FORWARD

INTRODUCTION

David came home from a gruelling day at work to a house

that was a mess. There was no dinner and the children were

still in their school clothes. It was 8:00 p.m. As he entered the

kitchen, he saw his wife Sonia on her cell phone. He was tired

and furious. He could not understand why he worked so hard

to provide for his family and yet his wife could not keep her

side of the bargain and look after them properly. As she turned

to greet him with a sheepish smile, he slapped her soundly and

she fell back against the kitchen counter. That is how the ght

started, and yes, he did take it a bit far, and it is right that he

did not stop even when he saw that she was bleeding. It was

only when the children were crying and begging him to stop

that he let go of Sonia and went into the bedroom.

Sonia dragged herself up and walked to the police station

nearby. She reported what had happened to the desk sergeant,

who was not particularly interested. However, when he saw

the blood on her clothes, he dispatched two police ofcers to

accompany her back to the house and speak to David.

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The police stood in the front yard and told Sonia to go inside

and get David. Sonia was a bit fearful, but since the ashing

lights of the police car was lighting up the whole place, she

did not think he would do anything. She explained to David

that the police just wanted to talk to him, and after some time

David agreed to come out. As David and Sonia emerged, the

police were struck by the disparity in size: David is at least 6’ 4”,

and Sonia is no more than 4’ 10” or 4’ 11”. As they stepped off

the veranda, in full view of the two policemen, David turned to

Sonia and said ‘Is dis you bring down pon me?’ and punched

her in the face. Sonia collapsed and lost consciousness. David

was taken into custody and charged with assault occasioning

bodily harm.

At court, Sonia tried to have the charge dropped, but because

it had taken place in front of the police, who were present in

court and ready to give evidence, the judge would not entertain

her. David pleaded guilty and is further remanded. The judge

and, indeed, everyone in the court are astounded at such a

brazen attack. A probation report is ordered.

In the two weeks between David’s guilty plea and his sentencing,

a message is sent through an intermediary to the judge that

Sonia really does not want David to go to jail because he is the

sole breadwinner and the family cannot manage without him.

Domestic Violence – A Brief History1

From a social perspective, the greatest act of domestic violence

was the wholesale assault on the family called slavery.2 Not only was

the family as a social unit completely and utterly decimated, but the

dehumanizing treatment left many of the Jamaican population with

no reference point to conduct intimate relationships in a respectful,

1. For more in-depth historical discourses on the history of domestic violence,

there are numerous books and articles on this topic.

2. Interestingly, in more recent times, domestic violence has been likened to a

form of slavery by feminist commentators.