One third of victims of domestic violence repeatedly turn to law enforcement or court: why
Kyiv • UNN
In Ukraine, about 70% of appeals to the court regarding domestic violence result in a restraining order. However, a third of victims are forced to apply repeatedly due to the lack of effectiveness of protective measures.
According to statistics, approximately 30% of victims repeatedly apply to law enforcement agencies or the court, which may indicate a lack of effectiveness or protection of judicial measures on a long-term basis, UNN reports.
On the occasion of the International Day for the Elimination of Violence against Women, UNN talked to Larysa Velychko, counsel and attorney at GRACERS law firm, about how legislation helps victims of domestic violence.
"Approximately 30 percent of victims re-apply to law enforcement or the courts, which may indicate that judicial measures are not effective or protective on a long-term basis. This indicates that additional social and psychological support measures are needed to prevent repeat violence," says Velychko.
However, according to court statistics, about 70% of appeals to the court regarding domestic violence result in the issuance of a restraining order to protect the victim.
A restraining order is a legal measure aimed at protecting victims of domestic violence. It is issued by a court to restrict the actions of the abuser and ensure the safety of the victim.
Restraining orders were introduced in Ukraine in 2017 as part of the Law on Preventing and Combating Domestic Violence and are an important tool of protection.
In order to obtain a restraining order, the victim of violence or his or her legal representative must file a corresponding application with the court. This application must be filed after the police have documented the violence and received at least 2 restraining orders. After the victim has filed an application, a court hearing is held, and then a decision is made to issue a restraining order. The document is issued for a period of one to six months, with the possibility of extending it up to 12 months.
What does a restraining order contain?
Among the main aspects, the restraining order provides for the following:
- Prohibition of approaching the victim within a specified distance, for example, a place of residence or work.
- Prohibiting contact with the victim through any means of communication, including telephone, social media, or messages through third parties.
- Prohibiting the victim from sharing housing with the aggressor. If the aggressor and the victim live together, the order may require the aggressor to leave the home for a period of time specified in the restraining order.
- The court may also add other restrictions at its discretion to help ensure the safety of the victim.
Compliance with the order is monitored by law enforcement agencies, and in case of violation, the offender may be held administratively or criminally liable.
As a tool, a restraining order is quite effective for short-term protection of victims. Given that it is issued for a fairly short period of time, it allows law enforcement agencies to respond quickly to the threat. In addition, the order prohibits the offender from approaching the victim and contacting her, which gives her time and space to resolve housing or legal issues. Violation of the order also entails liability, which encourages the aggressor to comply with the law.
However, an order also has its drawbacks. The order is limited in time, and if the threat remains after the expiration date, the victim may be in danger again. There have also been cases where aggressors have ignored orders or started to exert psychological pressure on their victim, avoiding direct violations. The police sometimes have limited resources to monitor the implementation of the order, especially in rural areas, which can reduce its effectiveness in practice.
In general, a restraining order is an important and prompt protection tool that ensures the victim's short-term safety. Its effectiveness depends on the enforcement of the order by the police and the victim's willingness to take additional measures for personal safety.
Recall
The Berlin government said on Thursday that the number of victims of domestic violence in Germany has increased by 3.4% over the past five years, and the vast majority of them are women.
