We have all heard the expression: "Hit means love." Well, that's not true. He who loves does not hit. Today, together with Ihor Shavrov, a well-known Ukrainian lawyer who manages the Shavrov and Partners law firm, we will talk about domestic violence and what tools victims have to protect themselves.
We made a request to the police to find out how many people report domestic violence in Ukraine. In 2019 - 141 were declared, in 814 - 2020, for January-April 208 - already 784. Thus, this number is increasing, which means that people stop being silent and seek help. But even these statistics are a drop in the ocean of the real state of affairs.
90% of victims of domestic violence are women, 10% are men, mostly elderly, suffering from their children or grandchildren.
Physical violence is the most visible, leaving behind bruises, scratches or other injuries.
But there are other types of violence. For example, psychological - when a person is insulted, humiliated, called names, use obscene language, threaten with physical violence or murder; or on the contrary, without raising their voice or cursing, they terrorize morally. Also, when they try to manipulate, they say, "I'll hang myself if you don't behave accordingly." This is when love is like a chokehold on the neck of another person.
With economic violence, a person is completely deprived of the opportunity to dispose of money, kicked out of the house, prohibited from buying products, is treated, that is, when a person lives as if in slavery and cannot satisfy his basic needs.
And the last one is sexual violence, any actions of a sexual nature that are considered illegal and take place without voluntary consent, including during marriage.
One of the main problems is the tolerance of domestic violence at the socio-cultural level. The conviction that this is "normal" because that was the case with our mothers and grandmothers. Of course, such a view is unacceptable in a normal society.
The first thing a victim of violence should do is contact law enforcement, even if you don't trust the police and think they won't help you. By the way, according to the National Police, only 10% of victims report domestic violence in Ukraine.
At your request, the patrol police can issue an urgent restraining order against the offender for a period of up to 10 days.
During this time, a person can contact the legal aid center, which is available in every settlement. Help is provided free of charge to victims of domestic violence. A lawyer can help you draw up a claim for a restraining order (for 6 months).
Today, the victim can turn to shelters for victims of domestic violence. There are shelters that are ready to accept women with children, but a mandatory condition is a health certificate that she is not a carrier of a viral infection.
Violence should never be forgiven - for the simple reason that there is a cyclical circle in which the behavior of the abuser and the victim repeats itself. First there is a boiling point, that is, an act of violence, then the rapist feels his guilt, he apologizes. As a rule, it is very romantic, emotional, he can get down on his knees, buy flowers or make some kind of expensive gift. Then the boiling point again occurs, a lack of silence, and an act of violence occurs again.
Since January 2019, the law provides for special measures of response to the offender. Among them are an urgent prohibitory injunction (for 10 days) and a restrictive injunction (for 6 months). They provide for the possibility of separating the offender from the victim for a certain period of time.
The offender is prohibited from being in the place of joint residence, even if it is his home, restricts communication with the victims, and prohibits him from coming within a certain distance to his work or place of residence.
The restrictive prescription immediately began to be actively implemented. According to it, the offender is prohibited from approaching the victims for a period of one to six months. This order is issued in court at the request of a person who has suffered from domestic violence.
An emergency restraining order is issued by the National Police to immediately stop domestic violence. He prohibits the offender from approaching the victims for a period of up to 10 days.
During the restrictive prescription, the following restrictions and prohibitions apply:
it is forbidden to be in the place of joint residence (residence) with the injured person;
elimination of obstacles in the use of property, which is the object of the right of common joint ownership or personal private property of the affected person;
restrictions in communication with the child;
the prohibition will be brought closer to a certain distance from the place of residence, study, work, other places of frequent visits of the affected person;
it is forbidden to personally and through other people look for the injured person, if the victim is voluntarily in a place unknown to the offender;
correspondence, telephone conversations with the injured person or contacting him through other means of communication personally and through third parties are prohibited.
The decision to issue a restraining order is made by the court at the place of residence (residence) of the person affected by domestic violence, and if the person is in a victim support institution, at the location of such institution. The case of issuing a restraining order is considered no later than 72 hours after the application is submitted to the court. The restrictive prescription is subject to immediate execution and is issued for a period of 1 to 6 months and can be additionally extended for one more period of no more than 6 months.
Given the relevance of the problem of domestic violence in Ukraine, it is extremely important that people know how to recognize domestic violence, know what forms it takes, and clearly understand the algorithm of actions — what to do, where to turn for help.
The Criminal Code also has zero tolerance for domestic violence. Therefore, systematic domestic violence is criminally punishable - according to article 126-1 of the Criminal Code, domestic violence is punishable by community service for a period of 150 to 240 hours, or arrest for a period of up to 6 months, or restriction of freedom for a period of up to 5 years, or imprisonment for up to 2 years.
If you need advice, are afraid to go to the police on this issue or for other reasons, you can call the hotline numbers, where they will provide you with explanations and advice:
National "hotline" on issues of combating violence and protecting the rights of the child 0800500335 or 116 123 (from mobile) - free of charge from landline and mobile phones of any operator throughout the territory of Ukraine;
National hotline for prevention of domestic violence, human trafficking and gender discrimination 0-800-500-005 or from mobile 116-123 it works XNUMX/XNUMX;
State call center for prevention of domestic violence: tel. 1547;
Government call center: tel. 1545;
The journey of a thousand kilometers begins with the first step. Do not be a victim of domestic violence!
