Domestic Violence Legislation and its Implementation

INTERNATIONAL STANDARDS
ON DOMESTIC VIOLENCE LEGISLATION
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Punong Barangay (village offi cials), as well as private entities such as family members, lawyers,
therapists, etc. 81 Cambodia, 82 Lao PDR 83 and Singapore 84 include special provisions for
bringing complaints on behalf of children in particular.
In Malaysia, Enforcement Offi cers are meant to assist women in fi ling criminal complaints.
The police may also seek interim protection orders on receipt of information relating to acts of
domestic violence. 85 Competent authorities appointed under the Thai law may initiate criminal
proceedings by fi ling a criminal complaint if the complainant desires. 86 Once the complaint is
fi led, an investigator conducts investigations and submits a report to the public prosecutor who
has to initiate prosecution within 48 hours of the apprehension of the perpetrator. 87 Stipulating
timelines in the law guards against delays and helps move cases forward.
In addition to assistance to legal proceedings, women may also require legal aid
in pursuing legal remedies. The Cambodian law recognizes the parties’ right to legal counsel
of their choice 88 but does not mention how this is to be accessed. In contrast, the Philippine
law is more specifi c in that it includes the right to legal assistance from the Department of
Justice or any public legal assistant as being part of complainants’ rights. 89 Indonesia includes
a provision specifying the duties of advocates in providing legal consultation and other forms of
assistance to the woman. 90
Obtaining reliefs from other forums
The primary need of survivors of domestic violence is immediate relief orders. In addition
to court orders, some countries allow administrative bodies the power to issue
temporary protection orders before the matter reaches the court. The Philippine law
gives Panang Barangay (village offi cials) the power to grant “Barangay Protection Orders”
with a validity period of 15 days. 91 The Commune People’s Committee in Vietnam may grant
a “forbidden contact measure” that is effective for three days on receipt of a complaint. 92 In
Thailand, a senior competent offi cer, during the course of criminal investigations, may issue
an order for temporary relief to prevent further acts of violence, including orders for medical
examinations and orders granting compensation. 93 In Indonesia, the police may grant temporary
81 Section 9 of the Philippine law.
82 Section 22 (2) and Section 28 of the Cambodian law.
83 Article 28 of the Lao law.
84 Section 65 (10) of the Singapore law.
85 Section 12 of the Malaysian law.
86 Article 6 of the Thai law.
87 Article 8 of the Thai law.
88 Article 31 of the Cambodian law.
89 Section 13 read with Section 35(b) of the Philippine law.
90 Article 25 of the Indonesian law.
91 Section 14 of the Philippine law.
92 Article 20 of the Vietnam law.
93 Article 10 of the Thai law.