The domestic violence act : it's consequences and effects

Abstract

Domestic violence is a social problem worldwide and the enactment and implementation of specific legislation addressing domestic violence has long been held as a policy solution. Malta responded two years ago when it enacted the Domestic Violence Act, Chapter 481, which was deemed an important marker in our legislation. Together with the Act, a number of amendments both in the Criminal and the Civil Codes were made as a consequence. The intention of this thesis is to examine the consequences and effects that the Domestic Violence Act and the relevant amendments have made and whether these are being implemented fully. The thesis begins by examining the historical background of domestic violence, how it was first discovered as a social problem until legal reform started being enacted to address it. It was felt that a background of the theories, dynamics, cycle, and effects of domestic violence and the characteristics of batterers were necessary for one to understand better this phenomenon. A comparative analysis of the legislation in another three countries namely United Kingdom, Scotland and Australia was deemed necessary. This study explored how the legislation in these countries is addressing domestic violence, what procedures are being used and the interpretations given in their judgements to certain terms together with the coordination that exists between the police, the courts and the service providers.