Abuse knows no boundaries : children and domestic violence from a civil law perspective

Abstract

Children are often the most silent sufferers of domestic violence. When exposed to domestic violence, they might accept such behaviour as normal, thus refraining from any form of resistance or protest. Violence within the domestic setting may influence children psychologically, emotionally as well as physically. The presence of any form of domestic violence within the household will inevitably affect the child's behaviour and emotions, since violence is intrinsically unacceptable and can never be justified. Domestic violence is a serious crime and the perpetrators of such crime must answer for their behaviour. Everyone has the right to live without fear of violence and abuse. The law, together with agencies should work to wipe out and prevent such crime and protect the victims who are suffering because of domestic violence. It is simply not the responsibility of a victim of domestic violence to end the abuse. Domestic violence is not merely a family concern but is a threat and causes harm to society at large. This thesis shall analyse the legal safeguards made available in Malta to a child who is a victim of domestic violence. The importance of this subject is reflected by the undeniable fact that the primary source of support and nurturing for children is the family. The family is a vital cell that shapes the children's development and personality and therefore violence in the home is always very harmful. Without undermining the importance of addressing and preventing any such harm inflicted on a child, one cannot forget that the victims of such unfortunate family backgrounds are likely to eventually become of potential harm to their own family as well as society in general. The Domestic Violence Act 2006 is indeed an important legislative measure that, it is hoped, will be the first stepping stone towards addressing the problem of domestic violence in our country. We need to provide strategies that expose and prevent domestic violence while protecting and supporting its victims. Domestic violence of a psychological nature may be more difficult to identify, prevent and treat than physical violence. The rights of the child as a victimmust be protected not only vis-a-vis his/her perpetrator but also when there is the intervention of public and private agencies. The best interests of the child must always be of primary importance. The relationship between the child and the perpetrator is of an extremely delicate nature and any false move by the authorities might make the situation even worse. Besides the importance of identifying, preventing and treating the child victim, our laws should also provide a framework for dealing with perpetrators of domestic violence. It is imperative that all entities providing services on domestic violence issues be smoothly coordinated and truly effective on a national level. International standards may be considered when this comprehensive plan is set up, particularly with respect to the provision of specialised training for the various professional groups involved in this multidisciplinary framework.