Even despite the war, the issue of domestic violence has not lost its relevance. The war exacerbated the problems of the people, which were there even before that. Life in constant stress, in the same room and dependence of partners on each other, often leads to cases of domestic violence.
Domestic violence is a problem that is difficult to research. After all, the violence of one person against another in family relations can have hidden forms. So what should be understood by domestic violence, how to prevent and counter it?
The organizational and legal principles of preventing and countering domestic violence, as well as the main directions of implementation of state policy in the field of preventing and countering domestic violence, aimed at protecting the rights and interests of persons who have suffered from such violence, are prescribed in The Law of Ukraine "On Prevention and Combating Domestic Violence" dated 07.12.2017 № 2229-VIII.
What is domestic violence?
According to Article 1 of the Law of Ukraine "On Prevention and Combating Domestic Violence" domestic abuse is an act (action or inaction) of physical, sexual, psychological or economic violence committed in the family or within the limits of the place of residence or between relatives, or between former or current spouses, or between other persons who live (have lived) together in the same family, but are not (were not) in a family relationship or married to each other, regardless of whether the person who committed domestic violence lives (lived) in the same place as the victim, as well as threats committing such acts.
What are the types of domestic violence?
Domestic violence manifests itself in various forms:
Psychological abuse - verbal insults, threats, including against third parties, humiliation, harassment, intimidation, constant psychological pressure, attempts to keep you in constant psychological anxiety.
Physical abuse - slapping, kicking, pushing, pinching, whipping, biting, as well as illegal deprivation of liberty, beating, biting, inflicting physical injuries of varying degrees of severity, leaving in danger.
Economic abuse - deprivation of housing, food, clothing, other property, funds or documents or the ability to use them, leaving you without medicine.
Sexual abuse - coercion to engage in sex without consent, coercion to do things of a sexual nature that are unacceptable for a person, shooting videos and photos of a sexual nature.
All types of violence are dangerous because any of them can lead to mental health disorders or even death.
What measures of influence can be applied to a person who has committed domestic violence?
The legislation establishes that the offender (a person who has committed domestic violence in any form) may be subject to special measures for combating domestic violence by entities implementing measures in the field of prevention and combating domestic violence.
Special measures to combat domestic violence include:
1) an urgent restraining order against the offender (issued by authorized units of the National Police of Ukraine);
2) a restraining order against the offender (issued by the court);
3) taking the offender into the preventive register and carrying out preventive work with him (carried out by authorized units of the National Police of Ukraine);
4) referral of the offender to a program for offenders (responsible for the implementation of programs for offenders are local state administrations and local self-government bodies).
Urgent injunction issued for a period of up to 10 days at the request of the injured person, as well as on his own initiative by an employee of an authorized division of the National Police of Ukraine based on the results of a risk assessment, and may provide for the application of the following measures:
1) the obligation to leave the place of residence (stay) of the injured person;
2) ban on entering and staying at the place of residence (stay) of the injured person;
3) prohibition to contact the victim in any way.
A restraining order is issued for a period of 1 to 6 months and may be extended by the court for a period of no more than 6 months.
The following have the right to apply to the court for the issuance of a restraining order against the offender:
1) the injured person or his representative;
2) in case of domestic violence against a child - the child's parents or other legal representatives, the child's relatives (grandmother, grandfather, adult brother, sister), the child's stepmother or stepfather, as well as the body of guardianship and guardianship;
3) in case of domestic violence against an incapacitated person - guardian, body of guardianship and guardianship.
A restraining order defines one or more of the following measures to temporarily limit the rights of the offender or impose obligations on him:
1) prohibition to stay in the place of common residence (stay) with the injured person;
2) removal of obstacles to the use of property that is the object of the right of common co-ownership or personal private property of the affected person;
3) restriction of communication with the affected child;
4) prohibition to approach within a specified distance to the place of residence (stay), study, work, other places frequently visited by the injured person;
5) prohibition to search for the injured person personally and through third parties, if he is voluntarily in a place unknown to the offender, to pursue him and communicate with him in any way;
6) a ban on conducting correspondence, telephone conversations with the affected person or contacting him through other means of communication personally and through third parties.
Importantly! Court costs in cases of issuance of a restraining order are not paid.
What is the legal liability for domestic violence?
According to the current legislation, persons who have committed domestic violence may be held criminally, administratively, and civilly liable.
The administrative responsibility of the offender is provided for in Article 1732 of the Code of Ukraine on Administrative Offenses, according to which the commission of domestic violence, gender-based violence is the intentional commission of any actions (actions or inactions) of a physical, psychological or economic nature (the use of violence that did not cause bodily harm, threats, insults or harassment, deprivation of housing, food , clothes, other property or funds to which the victim has a legal right, etc.), as a result of which the physical or mental health of the victim may have been or has been harmed, as well as failure to comply with the urgent restraining order by the person against whom it was issued, or failure to notify authorized units of the National Police of Ukraine about their place of temporary stay in the event of issuing such an order, shall be punished by the imposition of a fine of 10 to 20 non-taxable minimum incomes of citizens (170-340 UAH) or community service for a period of 30 to 40 hours, or administrative arrest for a period of up to ten days.
The criminal responsibility of the offender is provided for in Article 1261 of the Criminal Code of Ukraine, which stipulates that domestic violence is the deliberate and systematic perpetration of physical, psychological or economic violence against a spouse or ex-spouse or another person with whom the perpetrator is (was) in a family or close relationship, which leads to physical or psychological suffering, health disorders loss of working capacity, emotional dependence or deterioration of the victim's quality of life, shall be punished by community service for a term of 150 to 240 hours, or by arrest for a term of up to six months, or by restriction of freedom for a term of up to five years, or by deprivation of liberty for a term of up to two years.
Along with bringing administrative or criminal responsibility to a person who has committed domestic violence, it is also possible to apply measures of civil liability, which consist in the need to compensate the victim for moral and material damage.
In particular, the injured person can demand from the offender compensation for her expenses for treatment, obtaining consultations or for renting housing that she rents (rented) in order to prevent domestic violence against her, as well as periodic expenses for her maintenance, maintenance of children or other family members those who are (were) dependent on the offender, in the manner prescribed by law.
How to act in case of domestic violence or its threat?
- tell about the violence to those who can help;
- consider actions in case of repeated violence;
- identify a place where you can go in the event of a threat of violence;
- arrange with the neighbors to call the police if they hear screams from the apartment;
- hide documents, a certain amount of money, a book with phone numbers, other important papers, certain clothes and necessary medicines in a safe but accessible place;
- prevent access to information about the whereabouts of the victim;
- find in advance the phone numbers of local services that can provide the necessary support.
Where to turn for help?
If you have encountered or witnessed domestic violence, contact the indicated telephone numbers for help.
"Hot lines":
- Police, emergency number for calling the police (to report a crime or offense) - 102;
- National hotline for combating domestic and gender-based violence - 15-47 (from a mobile or landline phone);
- National hotline for the prevention of domestic violence, human trafficking and gender discrimination - 0-800-500-335; 116-123;
- National children's "hotline" - 0-800-500-225; 116-111;
- The single telephone number of the free legal aid system is 0-800-213-103;
- Telegram chat "Legal assistance against violence";
Importantly! According to the Law of Ukraine "On Free Legal Aid" persons who have suffered from domestic violence or gender-based violence have the right to free secondary legal assistance, which includes such types of legal services as protection, representation of the interests of individuals in courts, other state bodies, local self-government bodies, before other persons and drafting procedural documents.
ADDITIONALLY: HOTLINES AND HELP PHONES
Hotlines on the issues of countering human trafficking, preventing and countering domestic violence, gender-based violence and violence against children works around the clock (informational, psychological and legal consultations are provided):
1547 (calls are free from landline and mobile phones, anonymous and confidential);
+38 (044) 284 19 43 – for calls from abroad (payment according to the tariffs of the relevant telecommunications operator);
register an appeal online – https://1547.ukc.gov.ua/
National "hotline" for the prevention of domestic violence, human trafficking and gender discrimination (24/7, calls are free, anonymous and confidential) to receive legal or psychologist advice, as well as information on institutions that you can turn to for help at your place of residence:
0 800 500 335 (from landline) or 116 123 (from mobile)
National "hotline" for children and youth:
116 111 (free from mobile phones)
0 800 500 225 (free of charge from landlines and mobile phones)
"Hotline" of psychological support for men (calls are free, anonymous):
2345* (for Vodafone and Lifecell subscribers), +38 (067) 752 23 45 (for Kyivstar subscribers), around the clock.
Online platform "Aurora" – specialized psychotherapeutic support for persons who have experienced war-related violence (in particular, sexual).
Telephone information line centers for providing free secondary legal assistance (around the clock, calls are free from landline and mobile phones): 0800 213 103
Line of sexual and reproductive health for women (initial consultations of a specialized specialist or specialist regarding women's health):
3033, daily 9:00-18:00
National HIV/AIDS hotline: 0 800 500 451, around the clock
Koryukivka Territorial Community:
Mobile brigade of socio-psychological assistance to persons who have suffered from domestic violence and/or gender-based violence of the "Center for the provision of social services" of the Koryukivka City Council: tel. +38 (04657) 2 26 27, Mon-Fri 8:00-17:00
SOCIAL AND PSYCHOLOGICAL ASSISTANCE
All-Ukrainian line of psychological support of BF "Rokada": tel. 0 800 331 916, Mon-Fri
8:00-22:00, Sat-Sun 8:00-14:00
Psychologist on issues of gender-based violence of BF "Rokada" in Chernihiv region: tel. +38 (067) 337 01 26, Mon-Fri 9:00-18:00
Case management for victims of domestic violence/domestic violence, which operates with the support of the Chernihiv Public Committee for the Protection of Human Rights: tel. +38 (0462) 612-532, Mon-Fri 9:00-18:00
COORDINATION AND ADMINISTRATIVE ASSISTANCE
Department of Family, Youth and Sports of the Chernihiv Regional State Administration: Chernihiv, str. Shevchenko, 7, tel. +38 (067) 281 43 00, dsms_post@cg.gov.ua, Mon-Fri 9:00-17:30, break: 13:00-13:30
LEGAL ASSISTANCE
YurFem - free legal assistance to victims of GHZ: tel. +38 (068) 145 55 90 or 0 800 30 55 90 (toll-free number) - Mon-Fri 9:00-18:00
Free legal aid "Chernihiv Public Committee for the Protection of Human Rights": tel. +38 (0462) 612 532, Mon-Fri 9:00-18:00
Free legal aid "Right to protection" BO: Chernihiv, str. Pyatnytska, 49, tel. +38 (099)/(068)/(063) 507 50 90, Mon-Fri 9:00-18:00
Primary legal assistance to victims of domestic violence in the Chernihiv region of the BF "ROKADA": tel. +38 (067)178 28 83, Mon-Fri 10:00-17:00
According to the report of the Koryukivka RVP of the GUNP in the Chernihiv region
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