Protective Order as Preventive Measure of Domestic Crimes
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 2, Issue
Abstract
The author analyzes the positive experience of contemporary international law aimed at combating domestic violence using protective order is a convenient legal tool to protect family members from domestic crimes. A protective order is a civil court order issued to prevent continuing acts of family violence, sexual assault, human trafficking or stalking. Family violence (sometimes called Domestic Violence) is basically defined as any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm, or the abuse of a child. Family includes blood relatives or relatives by marriage, former spouses, parents (married or not) of the same child, foster parents and foster children, or any member or former member of a household (people living in the same house, related or not). A protective order may prohibit the offender from: – committing further acts of family violence, sexual assault, human trafficking or stalking; – harassing or threatening the victim, either directly or indirectly by communicating the threat through another person; – going to or near a school or day-care center of a child protected under the order attends. In some situations, a protective order may also include orders to: prohibit transfer or disposal of property, establish possession and visitation of a child, pay child or spousal support for a period not to exceed one year, attend mandatory counseling, vacate the residence or other specified property, if certain conditions are met. These additional provisions are not criminally enforceable. A person who violates them is not immediately arrested, but may be taken to civil court, found in contempt, fined and jailed. The victim should file for the order as soon after the incident has occurred as possible. Additionally, if other incidents family violence, sexual assault, human trafficking or stalking have occurred, the victim needs to provide this information to the attorney who files the protective order application.
Authors and Affiliations
Н. М. Градецька
Keywords
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