Written by Devi Ramnarine Magnus Attorneys-at-Law
Domestic violence stands among the most pressing and persistent threats to the safety and stability of families in Trinidad and Tobago. Despite recent legislative reform and ongoing public awareness campaigns, the data continues to paint a grim picture: abuse not only endures, but in many cases, is escalating across communities.
Part 1: Understanding Domestic Violence
At the outset, it is important to note that domestic violence is not confined to bruises or broken bones. Instead, it is a pervasive pattern of coercion and control that includes physical, sexual, emotional, psychological, and financial abuse. These behaviours are often employed to dominate and subjugate another person within the context of an intimate or familial relationship.
The Domestic Violence Act, Chapter 45:56, as amended by Act No. 18 of 2020, adopts an expansive definition that recognises many forms of abuse, whether through physical harm, the instillation of fear, or threats that destabilise a victim’s sense of safety and security. The law extends protection not only to spouses, but also to cohabitants, children, dependents, and other household members who may be vulnerable to harm.[1]
Abuse does not always leave visible scars. Emotional abuse can involve constant intimidation, degradation, or social isolation – which gradually erodes a person’s self-worth and support system. Meanwhile, financial abuse may involve restricting access to money, sabotaging employment, or exercising total control over household resources which leaves the victim economically trapped. These forms of abuse frequently occur in tandem, and it creates a psychological web that is difficult to escape and dangerous to endure.
Recent data underscores the ongoing gravity of domestic violence in Trinidad and Tobago. As recent as 2024, Trinidad and Tobago experienced 28 murders rooted in domestic violence and between January and August 2024, there were over 1200 cases of domestic violence reported.[2] Long-term trends also reveal deep systemic issues: nearly 30% of ever-partnered women have experienced physical and/or sexual abuse by an intimate partner at some point in their lives.[3]These figures highlight not only the prevalence of abuse but also the urgent need for robust legal protections, including access to effective protection orders which can be easily enforced if needed.
Part 2: Legal Remedies and Legislative Reform: Accessing Protection Under the Law
Recognising abuse is one thing; but ensuring meaningful, timely protection can save your life or it can protect children who are victims of abuse. In Trinidad and Tobago, survivors of domestic violence can rely on a strengthened statutory framework provided by the Domestic Violence Act, Chapter 45:56, substantially revised by the Domestic Violence (Amendment) Act No. 18 of 2020. These laws collectively establish mechanisms for early intervention, long-term relief, and criminal accountability.
The cornerstone of this framework is the issuance of a Protection Order. This is a binding court order that restricts the abuser’s actions. The Court may issue a Protection Order if it finds itself satisfied that acts of domestic violence have occured, are occuring or are likely to occur again.[4] These Protection Orders may contain a variety of relief, including prohibiting the perpetrator from contacting the victim, approaching within a certain distance of the victim, and engaging in threatening or coercive conduct. They may also compel the perpetrator to vacate a shared residence or attend counselling, depending on the facts in a case.
Who can apply for a Protection Order?
The law deliberately casts a wide net. The amended legislation provided an expansion in one’s eligibility to bring an application for a Protection Order before the Court. Now, spouses, former spouses, cohabitants, persons involved in dating or in a visiting relationship, children, dependents, household members and residents of care institutions can apply for protection before the Court. Applications can also be brought on a victim’s behalf by police officers, social workers, the Children’s Authority or any person who the Court deems to be acting in the Applicant’s interest.
To initiate the process, victims may apply on their own at the Family Court or Magistrate Court nearest to their home or through their attorney-at-law by completing and filing the prescribed forms. In urgent cases where the risk of harm is immediate, the Court may grant an Interim Protection Order without the alleged perpetrator being present. This is known as an ex parte order and it is typically valid or it remains in place until the next date of hearing (at which time the alleged perpetrator will likely appear before the Court to answer the allegations) or until a further order of the Court is made. This allows victims an opportunity to obtain urgent legal protection until the matter is determined.
Notably, the amendments to the Domestic Violence Act in 2020 effectively created a new strand of Protection Order under section 19A known as the “Emergency Protection Order”. This is a powerful tool designed to bridge the critical gap between a threat and relief and it enables urgent court intervention even when the Court is not physically accessible.
Under this provision, a police officer of the rank of Assistant Superintendent or higher, or the Children’s Authority, may apply for a Protection Order on a victim’s behalf outside of regular Court hours, by using a telephone or video conferencing. If the emergency Judge or Master is satisfied that theAapplicant is in imminent danger of serious harm, an Interim Protection Order may be granted immediately, without the need for a formal written application. This ensures that legal protection is not delayed by bureaucracy, particularly when a victim’s life may hang in the balance.
The 2020 legislative reforms did not stop at urgency. They also modernised and expanded the law’s reach to recognise emotional and psychological abuse, including coercive control, stalking, surveillance, cyber harassment, and authorised dissemination of intimate images. Other key reforms include the acknowledgement of dating relationships within the Act to ensure that a wider range of intimate partners are eligible for protection and the strengthening of police powers, whereby police officers are empowered to arrest without a warrant when a Protection Order is breached and it obligates a police officer to assist survivors in initiating court applications.
The law also ensures that such orders have a sustained effect when finalised. A Final Protection Order may last up to three (3) years and the Court is empowered to tailor the duration and conditions of its orders based on the specific risks and needs of each case.[5] A breach of a Protection Order is treated as a criminal offence and it is enforceable via immediate arrest.
To complement these statutory tools, the Judiciary of Trinidad and Tobago has introduced online filing options, whereby it has made the application process to obtain a Protection Order more accessible and it has reduced procedural barriers that often deter victims from seeking help.
These reforms signal more than procedural change. They represent a paradigm shift in how the law views and treats domestic violence. By prioritising accessibility, recognising the evolving forms of abuse, and enabling swift enforcement, the amended Act underscores a clear message: protection from domestic violence is not aspirational – it is a right, and one the justice system must uphold.
Part 3: Accessing Legal Representation and Strengthening Your Case
If you appear before a Judge, Master or Magistrate without an Attorney-at-Law, you may indicate that you wish to obtain legal representation. The Judge, Master or Magistrate may then either refer you to the Legal Aid and Advisory Authority or, in some cases, appoint an Attorney-at-Law to represent you under the legal aid system. This ensures that even if you cannot afford private counsel, you are not left without legal support in Court.
It is important to note that whether you do or do not have an attorney-at-law, preparation is key. Keep a diary of all incidents – record dates, times, details of what happened, and witnesses of incidents. It is also helpful to save all receipts, obtain medical records, take photographs, and keep messages to prove the abuse endured and its impact, if any. Organise these into a folder that you can bring to your attorney-at-law and/or to submit to the Court.
Why does this matter? Because Judges, Masters and Magistrates make decisions based on evidence – not just what is said, but what can be shown. Clear, organised documentation can be the difference between being heard and your case being dismissed. If you are navigating the system alone, your strongest ally is your preparation which will consist of your evidence. The more you can prove your abuse, the more the Court can protect you.
Conclusion
Domestic violence remains a pervasive social issue with far-reaching personal and societal consequences. Its continued prevalence underscores the urgent need for a coordinated response grounded in legal action, enforcement, and accessible support services.
Victims are reminded that they have the right to seek immediate protection through the courts. If you are fearful for your safety or that of someone else, do not delay – contact the relevant authorities, seek legal advice, and file an application for a protection order at the nearest court, if you require one. Early legal intervention can prevent escalation, and it can save lives.
This article is for informational purposes only and does not constitute legal advice. Persons affected by domestic violence are encouraged to seek assistance from a qualified attorney-at-law or the Family Court for guidance on their specific circumstances.
[1] Domestic Violence Act, Chap. 45:56 (Trinidad and Tobago) as amended by the Domestic Violence (Amendment) Act No. 18 of 2020 https://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/45.56.pdf accessed 11 May 2025.
[2] ‘28 Domestic Violence Murders in 2024: The Limitations of Protection Orders’ Trinidad and Tobago Guardian (9 April 2024) https://www.guardian.co.tt/news/28-domestic-violence-murders-in-2024the-limitations-of-protection-orders-6.2.2133087.9d13e6b621 accessed 11 May 2025.
[3] Inter-American Development Bank and Central Statistical Office, National Women’s Health Survey for Trinidad and Tobago: Final Report(2018) https://publications.iadb.org/en/national-womens-health-survey-trinidad-and-tobago-final-report accessed 11 May 2025.
[4] Section 5, Domestic Violence Act, Chap. 45:56 (Trinidad and Tobago) as amended by the Domestic Violence (Amendment) Act No. 18 of 2020
[5] Section 20, Act No. 18 of 2020
