Learn How Domestic Violence Act Saves Children in Botswana

Domestic violence is not a new phenomenon in Botswana. It is been prevalent since time immemorial but what is new is the increase is number of women who are reported to be abused.

In the past most of the abused women chose to suffer in silence under the guise that they wanted to save the family from embarrassment. This is why the magnitude of this is still not known. What we know is that at least women now speak out and report some of the threats made by their partners unlike in the past when they chose to conceal their ordeal. Children were the most seriously affected victims under such circumstances because they get affected physically, emotionally and psychological which has a negative impact in their developmental well-being.

What I was taught in Child Psychology is that behavior is learnt and can be unlearnt. Children learn what they live… If children are living under abusive environments they will grow to become abusers.

The Botswana Domestic Violence Act is aimed at giving protection to people who are abused at home, including safeguarding the well-being of children in such families. The Act received overwhelming support from Members of Parliament, including men, since it is seen as being gender neutral. We have had that some of the men folks are also being physically, verbally or emotional abused by their female partners. For men the situation is even worse because they can’t talk about it or disclose the ordeal unlike women who freely share information with others about their experiences.

The Act is a step in the right direction and was applauded by many because abuse in the home affects everyone. It is believed that domestic violence can also contribute to the spread of HIV infection. The upbringing of children is crucial hence the need for couples or partners to live peacefully. As stated earlier, children who are brought up in abusive families end up being abusers when they grow up. Members of the public need to be fully educate about it.

Members of the public need to be taught all the laws that protect their rights and well-being including children. Enforcement of such laws should be effective to ensure protection of victims. The law provides that, a police officer can accompany an abused person to his or her home to take his or her clothing to seek refuge elsewhere particularly a place of safety.

Part of the Act deals with orders and it provides that an applicant may make an application in court for an interim or restraining order. According to provisions of the Act, the court may issue an interim order ex parte where it is satisfied that domestic violence has occurred. It can also be issued in a situation where there is a serious risk of harm to the applicant and the order is meant to ensure the immediate protection of the applicant from the perpetrator.

An interim order may direct a police officer or deputy sheriff to remove the applicant from the residence where the abuse takes place to a place of safety. The order could also prohibit the perpetrator from committing an act of domestic violence or entering specific parts of the residence. It could also restrain the perpetrator from entering the applicant's work place or communicating with the complainant. The court may also authorize the issuing of a warrant of arrest of the perpetrator where it is satisfied that the applicant or child is under imminent danger from the said perpetrator.

According to the Act an interim order shall be served personally upon the respondent and shall provide for a return date upon which he or she may be heard in court. The court can also issue a tenancy or occupation order. The Act provides that an occupation order shall grant the applicant or child the exclusive right to live in the resident occupied or belonging to the applicant or respondent.

The Act further provides that tenancy order shall grant the applicant or child the exclusive or non-exclusive tenancy of the residence with such order as to payment of rental or mortgage as shall be just. Where a lease agreement to a residence is in the name of the respondent and the applicant, who is not party to the agreement is granted an occupation or tenancy order, the landlord shall not evict the applicant on the basis that the applicant is not party to that lease agreement.

Unless the court directs otherwise, where an order is granted and the respondent was responsible for the payment of mortgage or the rent, he or she shall continue to be so responsible. The penalty for contravening the court order is a fine, not exceeding P5, 000 or imprisonment term not exceeding two years or both.

The penalties under this Act, we hope, will certainly deter people from getting involved indespicable domestic violence and putting other people’s lives at risk.
I don’t know what your views are but if you think otherwise let’s discuss the issue…