A new proposed law in Guyana could make your abuser pay your rent. Specifically, the Family Violence Bill 2024 allows for a court to issue a tenancy order, which would transfer tenancy rights to the victim and require the abuser, known as the respondent, to contribute to rent payments. This is just one of several protections aimed at providing comprehensive support for victims of family violence.
Technically, the tenancy order is not new to Guyanese law. This Bill seeks to replace the Domestic Violence Act. However, the new Bill has preserved this and other such orders as tools to protect victims of family violence.
The orders, which can be issued by a court, include:
– Protection orders: Victims, their guardians, police officers, or social workers can apply for these orders to prohibit an abuser from doing things like making contact, approaches to the victim, and damage to property. These orders can even be made if the abuser in question is a child. They may also require the abuser to provide financial support for the benefit of the victim and to seek counseling.
– Occupation orders: These allow victims to live in their home without the abuser. The court can direct the abuser to contribute to household maintenance, ensuring the victim’s accommodation needs are met.
– Tenancy orders: As first mentioned, these orders can transfer tenancy rights to a victim, making them the sole tenant of the home. The abuser may still be required to help pay the rent, providing financial stability for the victim.
– Ancillary orders: The court can direct the subject of the order to transfer furniture, appliances, and other household items to the victim to ensure they have what they need to live comfortably.
The Bill provides a range of protections designed to address contemporary family violence issues and protect victims in ways current legislation does not. Family members are broadly defined to include spouses, cohabitants, relatives, children, and anyone in intimate or caregiving relationships.
The bill broadly defines family violence to include not just physical abuse, but also sexual, emotional, psychological, and economic abuse. It recognizes that harmful behaviors, even if not criminal, can still cause fear and harm. So even if an action is not criminal in nature, an abuser can still go to prison if they do something that is prohibited by a protection order.
It also critically notes the importance of the role of the police officer in enforcing the act, aiding in the protection of victims, and letting them know their rights and opportunities.
Violating these orders would be serious offenses. First-time offenders could face fines up to $100,000 and up to one year in prison. Repeat offenders could be fined up to $200,000 and face up to three years in prison, with further violations potentially leading to five years in prison.
Persons would also be able to claim compensation if they are subjected to family violence
The Family Violence Bill 2024 is designed to create a safer environment for everyone affected by family violence. The government said the Bill was informed by extensive research and is aimed at ending violence against women and girls.
The Family Violence Bill can be found on the Official Gazette.
