Domestic violence and the use of arms : civil and criminal law aspects

Abstract

The aim of this thesis is to examine the present legislative measures regulating domestic violence and the degree of protection at law which is being guaranteed to domestic violence victims. Chapter 1 examines the various definitions related to domestic violence which constitute a basic premise in delineating the array of violent acts and relationships which are considered to have the potential at law to fall within the term 'domestic violence'. The gravity of domestic violence will also emerge by reference to statistical data. Chapter 2 analyses the civil aspects to domestic violence, mainly by referring to foreign laws that specifically recommend and grant the issue of various forms of protection orders and other safety orders against the perpetrator for the protection of the victim. Reference to these measures is deemed essential to provide a model for future local legislation. Chapter 3 focuses on the criminal aspects related to domestic violence and attempts to outline the problems inherent in the current provisions, the procedure applicable and the policing of such acts. By reference to continental law, the author will focus on indicating that domestic violence contains all the doctrinal elements making it possible to conceive it as a separate criminal offence. It is not within the purpose of this chapter to refer to the judicial procedure of sentencing and infliction of punishments. Chapter 4 examines the legal framework regulating the notion of arms, and their interpretation in domestic violence cases. The author will focus on the amount of punishment attributable to violent acts aggravated by arms and whether our position provides sufficient condemnation as in the continental approach. Chapter 5 analyses the possibility of establishing domestic violence as a violation of human rights in terms of particular international documents to which Malta is a member, and the notion of State responsibility which would call for Malta to take serious steps at law to meet its human rights obligations. Chapter 6 offers ·salient recommendations and amendments that should be implemented by a future law on domestic violence. In the concluding part of this thesis, the author will attempt to argue for and indicate the constitutive elements of a co-ordinated response to this phenomenon.