Tougher stance on domestic violence

The National Main Stories

By MIRIAM ZARRIGA
PEOPLE convicted of domestic violence charges will face tougher penalties, following Parliament’s approval of the Family Protection (Amendment) Bill 2022.
A feature of the amended law is the inclusion of an “aggravated domestic violence” offence, which carries a minimum penalty of five years in prison.
Aggravated domestic violence includes cases in relation to:

  • A PERSON under 18 years of age;
  • A PERSON with special needs or living with disability;
  • A WOMAN who is pregnant;
  • A PERSON incapable of resisting.
  • A WOMAN who is pregnant; and,
  • A PERSON incapable of resisting.

The offence also includes the use of a dangerous weapon or instrument in a domestic violence, or the perpetrator being under the influence of a drug or alcohol, or the offence becoming repetitive.
It also includes an act of domestic violence in the presence of a person under 18 years of age.
Justice Minister Bryan Kramer told Parliament that a law was needed “that criminalises domestic violence and affords protection for victims of domestic violence”.
“This will be done through court-ordered family protection orders with conditions to enforce when there is a breach of the order granted by the court,” he said.
The amended law on domestic violence includes:

  • AN increase in penalty with a fine of K1,000 and a minimal two years;
  • APPOINTMENT of persons in communities authorised to issue urgent protection notice in urgent circumstances; and,
  • CRIMINALISING those obstructing and threatening service providers.

“I would like to stress that the State can intervene and do only so much, however, there are many facets of this issue that need to be critically investigated to arrest the problem,” Kramer said.
“We need the academia and practitioners to research and understand the underlying root of the problem in the PNG context.
“We can legislate, increase penalties, include new solutions in law, but that is not the only solution to addressing domestic violence.
“These are just bandages to the wound.
“There is a need for leadership in changing this vicious cycle of violence.
“I challenge leaders in Parliament and those who have leadership and influential roles in families and communities to intervene and adopt better ways to arrest the issue of domestic violence and look at preventive measures.”
Parliament amended the Family Protection (amendment) Bill 2022 which now has become a law that criminalises domestic violence and affords protection for victims of domestic violence.
“This will be done through court ordered family protection orders with conditions and enforce when there is a breach of the order granted by the court,” Kramer said.
This includes:

  • INCREASE in penalty provisions with a fine of K1,000 and a minimal two years;
  • NEW aggravated offence of domestic violence with a penalty of no less than five years and no more than seven years;
  • AUTHORISED person to issue urgent protection notice in urgent circumstances; and,
  • OBSTRUCTION of service provider new offence provision that criminalises the conduct of obstructing and threatening service providers.