The issuing of temporary protection orders under Maltese law : a step backwards?

Abstract

In light of the recent enactment of the Gender-Based Violence and Domestic Violence Act, this paper focuses on the recent implementation of Temporary Protection Orders within the Maltese legal system by defining the nature of the orders in combating domestic violence. In doing so, the paper delves into the procedure in relation to article 540A of the Maltese Criminal Code, in determining the need for a temporary protection order to be issued on a case-by-case basis. The paper ascertains the functions of the procedure in practice whilst examining the conformity towards the fundamental human rights of all parties involved. Moreover, the paper explores the ideologies surrounding the use of risk assessment and risk management protocols within the European Union, whilst also analysing those recently introduced locally. Through the use of a qualitative methodology approach, the paper identifies two major strategies undertaken, namely; a Doctrinal approach in analysing the legal framework set out, as well as the use of semi-structured interviews with local stakeholders. This approach caters towards carrying out an in-depth analysis into the philosophical background of the orders, as well as establishes any discrepancies within the system. The interviews also serve as viewing the procedure from all standpoints in order to ensure a robust approach is utilised throughout the study. Furthermore, the paper makes use of a quantitative approach through statistical data as a means of affirming the severity of domestic violence in Malta in emphasising the need for a thriving systematic response in safeguarding victims of domestic abuse.