Court slams couples involved in domestic violence cases ignoring protection orders

Proceedings against man charged with injuring partner are terminated at the latter’s request, as court hears how the pair kept living together notwithstanding a restraining order issued just last June

A court expressed frustration as proceedings against a man charged with injuring his partner were terminated at the latter’s request, highlighting that couples involved in domestic violence cases are obtaining protection orders only to disregard them. 

A 25-year-old man from Msida was charged with various offences, including slightly injuring his partner, causing her to fear that violence would be used against her, improper use of electronic communications, threatening and insulting his partner, as well as breaching a restraining order.

He was also accused of committing offences while on a conditional discharge. 

The validity of the arrest was not contested, and the man pleaded not guilty to the charges. 

The alleged victim then took the witness stand, informing the court about her wish to stop proceedings against her partner. 

At this juncture, the court asked the witness whether there had been any previous arguments of a similar nature between her and her partner, with the alleged victim responding in the negative. 

However, during cross-examination, Inspector Christian Cauchi noted that a judgment had been handed against the accused only last June, with a restraining order in favour of the victim being issued. 

Magistrate Lara Lanfranco highlighted that, notwithstanding this restraining order, which was issued by virtue of a court judgment, the pair kept living together with the alleged victim continuously inviting the aggressor home. 

The magistrate noted that the court and police invest a considerable amount of time into issuing protection orders, only for the parties involved to disregard them. It was noted that this “is happening a lot”, and that it is “high time that journalists start reporting what is happening in this regard.” 

Proceedings were discontinued, as the court invited the prosecution to conduct further investigations with regard to the manner in which the police reports were filed and the findings which emerged during the sitting. 

Inspector Christian Cauchi prosecuted. 

Lawyer Rachel Tua appeared for the accused.