Lengthy red tape, lack of co-ordination and absence of urgency among police personnel, social welfare officers and court officials are preventing battered women from reporting domestic violence incidents and obtaining relief, noted a woman's group.

The Women's Aid Organisation (WAO) found these to be among the main problems in efforts to detect and eliminate spousal abuse, in particular through the enforcement of the Domestic Violence Act 1994 (DVA).

WAO executive director Ivy Josiah said survivors have found it difficult to apply for protection due to hurdles in the process of obtaining an Interim Protection Order (IPO) from magistrates.

"The application process is complex and too time-consuming. Imagine survivors having to run between the hospital to the police station and the welfare department to get all the relevant documents required for an IPO application," she said. ( see chart )

Josiah said survivors are required to obtain a referral letter from the police in order to inform the Social Welfare Department and the magistrate that an investigation into the complaint has begun.

"This is the stage where most of the delays occur. Survivors have to visit the police station several times before they get all the relevant documents," she said, explaining that this could take between two weeks and two months.

"In many cases, they end up suffering repeated abuse in the time that it takes for the IPO to be issued."

She noted that the general attitude among frontline personnel is another source of delay. The survivor is required to attend the IPO hearing in chambers accompanied by a social welfare officer.

"(But) There is no sense of urgency at all. While battered women are looking for urgent help, social welfare officials, for example, are more intent on keeping the family together.

"They seem to place top priority on getting the survivors to reconcile with batterers rather than to secure the protection that is needed."

Improved IPO

WAO has drafted an improved and detailed IPO that incorporates a number of threatening situations involving the survivor/complainant. This would also cover immediate family members.

"Currently, the IPO only prohibits the batterer from 'employing domestic violence' and allows for police to effect an arrest without a warrant under Sections 4(1) and 7 of the DVA," explained Josiah.

"But we have drawn up a non-exhaustive list outlining situations of mental and emotional threats which could be relayed through third parties such as friends and relatives."

WAO said survivors should be allowed to apply directly to the magistrate for an IPO and seek counseling from the welfare department later, if they require such assistance.

Another unsatisfactory situation involving the IPO, said Josiah, is the uncertainty surrounding the service of the order on the batterer.

"Abused wives are often kept in the dark as to whether the police have served the IPO on their husbands. In many cases, batterers violate the order and get away with it due to the lack of a specific penalty for this.

"The police must keep the survivors updated on the progress of their case so that the women do not live fearing the worst."

To overcome current problems, WAO has suggested the obtaining of endorsement of service of the order as well as a reciprocating acknowledgment.

'Co-ordinate approach'

Elaborating on the proposed reforms, WAO president Meera Samanther said the DVA still has many loopholes that must be plugged immediately if the government is serious about protecting the survivors and prosecuting the batterers.

"There are many procedural and technical matters that could be eliminated in order to simplify the entire process of reporting domestic violence and getting protection," she said.

"Our case studies have shown systemic problems within the existing mechanism, and that the deterrence, prevention and elimination of domestic violence can only be achieved through a properly co-ordinated approach."

She said the situation of children in domestic violence cases also requires urgent attention, as they are not accorded protection under the DVA.

"At present, children are excluded from the IPO which only protects the survivor (mother). The other important thing is to prevent batterers from using their own children as bargaining chips to get their wives to return home."

Meera noted that what happens upon the expiry of an IPO, which remains valid throughout the police investigation period, is still unclear.

WAO, which has conducted a 10-year review into implementation of the DVA, is further trying to extend the definitions under the DVA for domestic violence to include emotional and psychological intimidation.