The approach of the Maltese judicial system with regard to the plea of verbal abuse in marriage proceedings

Abstract

For many years, Domestic Violence has been a well-concealed crime which takes place behind closed doors. Society has become more aware of this phenomenon and the repercussions which it can have thus, leading to considerable changes in legislation. Nonetheless, there is a great misconception that this abuse is mainly physical and for this reason this Term Paper will focus on one form of Domestic Violence, this being Verbal Abuse, and how the Maltese judiciary deals with such allegations throughout marriage proceedings namely, separation and divorce. Verbal abuse falls within the ambit of psychological abuse and this type of abuse unlike physical and sexual violence, leaves no visible scars and bruises. Considering present legislation whatsoever, verbal abuse can be considered as a criminal offence and for this reason, this research will focus on how much prominence verbal abuse is given during marriage proceedings whilst being compared to the other grounds which give rise to separation or divorce. Following this, the author delves into the courts’ reasoning behind the consideration of evidence and the standard of proof required for criminal allegations within civil proceedings. This is done by taking a comparative approach with the English system which has been substantially transposed within the Maltese Law of Procedure. Thus, after a thorough analysis of carefully selected case-law, the author can ultimately reach a conclusion as to how the Maltese judiciary deals with allegations of verbal abuse and whether there is room for change.