By Elaine Attard
The introduction of the Domestic Violence Act on 28 February 2006 was a day of hope for people working with the victims of domestic violence, but those victims still face the prospect of finding themselves homeless when they reach the point where they can take the abuse no longer, instead of the abuser being ordered out of the family home.
According to Agenzija Appogg, the Domestic Violence Act provides for a protection order to prohibit or restrict access by the accused, for a period not exceeding six months or until final judgment, to premises in which the injured person or any other individual specified in the order, lives, works or frequents, even if the accused has a legal interest in those premises.
Normally, the perpetrator is evicted from the home following an application filed by the victim’s lawyer. The court normally accedes to such a request when it considers that the perpetrator is a threat to his/her family and/or that, as a result of his/her actions, his/her family would suffer if they were to be the ones to leave the matrimonial home.