House OKs bill vs. domestic violence • Landmark measure heads to Gov. Tenorio for signature

Advocates for victims of domestic violence won a major victory yesterday after the House of Representatives cleared legislation aimed at stemming incidents of spousal abuse and family squabble on the islands.

SB 12-34, otherwise known as Domestic and Family Violence Prevention Act of 2000, is now awaiting signature of Gov. Pedro P. Tenorio — a process that took advocates over four years to champion the rights of the victims.

Members of the Family Violence Task Force burst into applause when the bill passed unanimously in the lower house, without further amendment that lawmakers attempted to insert at the last minute.

They are now expected to lobby the governor for its immediate signing into law. Established in 1995, the group has led the battle to put in place tougher laws in the CNMI amid growing incidents of violence at homes.

“It took us four years through the whole legislative process back and forth with amendments and discussion to get it passed this far. This is a major accomplishment,” said Laura T. Flores, the task force’s program coordinator.

She said the proposal would heighten availability of protection orders in the court, increase penalties for violation of the orders, tighten safety for victims and enhance access to protection orders in order to stop the violence.

“It’s still not the end. We still need criminal actions and we are going to be working for criminal law. This is only civil,” Ms. Flores told reporters after the House’s action.

More teeth

Offered by Sen. Richardo S. Atalig, the comprehensive measure is similar to proposal introduced during the 11th Legislature. It 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 in the Commonwealth where absence of laws on domestic violence has only encouraged perpetrators to continue the abuse while victims suffer in silence.

The task force opposed last-minute changes being planned by the House during yesterday’s session as lawmakers noted objections by the Superior Court to some of the provisions, particularly on restrictions against issuance of mutual orders for both the victim and perpetrator as well as clerical assistance for victim by the court.

Ms. Flores reminded them that the bill had already taken four years and that any amendment could further stall it in the Senate where she said the task force had a hard time lobbying for the proposal.
“Victims now don’t have legal protection they deserve,” she told House members.

Lawmakers, however, believed the measure, would tremendously assist appropriate government agencies to curb the ever rising problem of domestic and family violence here, according to reports drafted by each of the chamber’s Health and Welfare Committee.

Major provisions

Under SB 12-34, 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.