Core elements of legislation on domestic violence
The following elements should be established as the core elements of any domestic violence law:
- Criminalization of acts of domestic violence;
- A fully developed order for protection civil remedy, including an emergency or ex parte order for protection;
- Prohibition of perpetrators from possessing a firearm;
- Allowing courts, in protection orders, to at least temporarily order child custody and support to the non-violent parent, and one allowing courts to enter a protection order as to the child;
- Statements of rights of complainant/survivors and services available to them;
- Provisions on implementation of the law, including training of relevant professionals, monitoring and evaluation of the law, and funding of the implementation of the law;
- A criminal offense for violation of the order for protection with a cross-reference to any relevant provisions of the criminal laws, such as punishment for various level of offenses;
- Enhanced penalties for multiple violations of the order for protection; and
- Enhanced penalties for other domestic violence-related criminal offenses.
- Establishment of inter-agency task force to ensure a coordinated community response to domestic violence.
(See: Drafting Domestic Violence Laws, StopVAW, The Advocates for Human Rights)