Publication date: 10.06.2024
Protection of spouses' rights in case of domestic violence: legal aspects and practice
Introduction
Domestic violence is a serious problem that affects the safety and well-being of families. In Ukraine, legislation provides for a number of mechanisms to protect spouses' rights against domestic violence. In this article, we will examine the legal aspects of protecting spouses' rights in case of domestic violence, including legislative regulation, available protection measures and the practice of their application.
Legislative regulation
The main legal acts regulating the protection of spouses' rights in case of domestic violence in Ukraine include:
The Law of Ukraine "On Preventing and Combating Domestic Violence":
- Defines the concept of "domestic violence" and its types (physical, psychological, sexual, economic).
- Establishes mechanisms for preventing and combating domestic violence.
The Criminal Code of Ukraine:
- Provides for criminal liability for domestic violence.
Civil Procedure Code of Ukraine:
- Defines the procedural aspects of considering cases of protection from domestic violence.
Types of domestic violence
Ukrainian legislation recognizes several types of domestic violence:
- Physical violence: The use of physical force that causes injury or death.
- Psychological violence: Acts that cause emotional distress, fear, or lowered self-esteem.
- Sexual violence: Coercion to perform sexual acts without consent.
- Economic violence: Control over access to financial resources that restricts the victim's freedom.
Protection measures
Urgent restraining orders
An urgent restraining order is an immediate measure of protection that can be applied by the police:
- Prohibiting the offender from sharing housing with the victim.
- Prohibition to approach the victim at a certain distance.
- Prohibition to contact the victim in any way.
Restrictive orders
A restraining order is issued by a court and may include:
- Prohibition to approach the victim at a certain distance.
- Prohibition of contact with the victim.
- Prohibition to stay at the victim's place of residence or work.
- Other measures to ensure the safety of the victim.
Programs for offenders
The legislation provides for programs for offenders that include:
- Therapeutic interventions.
- Behavioral correction courses.
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- Social services to prevent recidivism.
Practice of applying protective measures
Reporting to the police
Victims of domestic violence can apply to the police for an urgent restraining order. The police are obliged to respond immediately to reports of domestic violence and take measures to protect the victim.
Legal defense
To obtain a restraining order, the victim may apply to the court. The court considers the case within a short timeframe and decides on the application of restrictive measures.
Support for social services
Victims of domestic violence can receive assistance from social service centers, including psychological support, legal advice, and temporary shelter.
