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27 items / 3 pages
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- Country
- Austria
- Topics
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- Violence
- Justice
Occurs when a person and their children are subject to physical, psychological or sexual violence in their family or are repeatedly persecuted and harassed (stalked).
Legal SourceSecurity Police Act, Section 38a; Domestic Violence is only indirectly covered under the Criminal Code under various sections that may be applied: Section 75 (Murder), Section 76 (Manslaughter), Section 77 (Murder by Hire),Section 78 (Involvement in Suicide), Section 79 (Infanticide), Section 82 (Abandonment), Section 83 (Bodily Harm), Section84 (Grievous Bodily Harm), Section 85 (Grievous Bodily Harm with Lengthy Recovery Time), Section 86 (Assault with DeadlyConsequences), among others.
Legal provisions on protection ordersInterim injunctions are applied. The police is also obliged to inform intervention centres who in return offer protection for the victims as well as psychosocial and legal advice (Security Police Act, Section 38a).
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- Country
- Belgium
- Topics
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- Violence
- Justice
Any form of physical (e.g. intentional assault and battery), sexual (rape of modesty and rape), psychological (stalking and insults) or economic violence (e.g. abandonment of family) between spouses or persons who live together or have lived together and between a stable emotional and sexual relationship exists or existed.
ObservationsDomestic violence is any form of physical, sexual, psychological or economic violence between members of a same family, regardless of their age.
Legal SourceLaw to combat violence against partners,24 November 1997
Legal provisions on protection ordersCourt custody
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- Country
- Bulgaria
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- Violence
- Justice
In Bulgaria, intimate partner violence is included under "domestic violence": any act of physical, mental, sexual, emotional or economic violence and any attempted such violence, as well as the forcible restriction of individual freedom and rights and of private life, carried out against individuals who have kinship ties, who have or have had family relation or are or were cohabiting partners. In addition any act of domestic violence in presence of a child is considered mental and emotional violence against him/her.
Legal SourceLaw on Protection against Domestic Violence 2005, Article 2 and Criminal Code, Article 296, Paragraph 1 (punishment for noncompliance with a protection order against domestic violence, issued by the court under the Law on Protection against Domestic Violence)
Legal provisions on protection ordersLaw on Protection against Domestic Violence 2005, Chapter 2
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- Country
- Croatia
- Topics
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- Justice
- Violence
in Croatia, "domestic violence" is any form of physical, mental, sexual or economic violence, in particular: physical violence or the use of physical force, regardless of whether physical injury resulted or not; corporal punishment and other forms of degrading treatment of children in the educational purposes; psychological violence, or the application of psychological pressure that caused a feeling of fear, danger, distress or injury to dignity, verbal violence, verbal assaults, insults, cursing, name calling, or otherwise crude verbal harassment, stalking or harassment through all means of communication or through electronic and printed media or otherwise, or to communicate with third parties, illegal isolation or threat to freedom of movement; sexual violence or sexual harassment or economic violence such as damage or destruction of personal and common property, banning or preventing the use of personal and joint property including the attempts to do so, as well as deprivation of rights or prohibition of having personal income and property acquired by inheritance or personal work at your disposal, exclusion from employment or work, forced economic dependence, denial of funds for maintenance of the common household and care for children or other dependents of a common household.
ObservationsRelated information:
- Bodily Injury (Art. 117): Whoever physically injures another or endangers another person’s health will be sentenced up to one year in prison. Whoever commits an act from section 1 of this Article out of hatred, or toward a person close to him/her, or toward a person who is especially vulnerable because of his or her age, physical or mental impediment or pregnancy, or toward an official serving in the line of duty, will be sentenced up to three years in prison. The criminal act from section 1 of this Article will be prosecuted based on a private lawsuit.
- Heavy Bodily Injury (Art. 118): Whoever physically injures another or endangers another person’s health in a severe way will be sentenced between six months to five years in prison. Whoever commits an act from section 1 of this Article out of hatred, or toward a person close to him/her, or toward a person who is especially vulnerable because of his or her age, physical or mental impediment or pregnancy, or toward an official serving in a line of duty, will be sentenced to between one and eight years in prison.
- Especially Heavy Bodily Injury (Art. 119): If the criminal act from Article 116, Section 1 and 2 and from Article 118, Section 1 of this Law, endangered the injured person’s life or has resulted in the destruction or permanent injury of any of his vital body parts or organs, or in a permanent impediment that causes a diminished ability to work, or permanently and severely affected his or her health, or resulted in permanent disfigurement of any kind, or a permanent inability to reproduce, the perpetrator will be sentenced to imprisonment between one to ten years’ imprisonment. Whoever commits an act from Section 1 of this Article out of hatred, or toward a person close to him/her, or toward a person who is especially vulnerable because of his or her age, physical or mental impediment or pregnancy, or toward an official serving in a line of duty, will be sentenced to imprisonment between one and ten years. Whoever deliberately causes any of the harm under Section 1 of this Article will be sentenced to imprisonment between three and twelve years.
- Coercion (Art. 138): Whoever by force or serious threat coerces another to an action, omission or acquiescence will be sentenced to up to three years of imprisonment. A criminal Act from Section 1 of this Article will be prosecuted through a private lawsuit unless it is committed out of hatred, toward a child or a close person.Threat (Art. 139) Whoever threatens another with harm in order to intimidate (frighten) or upset will be sentenced to up to one year of imprisonment.Whoever seriously threatens to kill another or one close to him or her, or threatens serious bodily injury, kidnapping or deprivation of freedom, or causes harm by fire, explosion, ionized radiation, a weapon, dangerous tools or any other dangerous means, or destroying social status or material assets, will be sentenced to up to three years of imprisonment.If the Criminal Act from Sections 1 and 2 of this Article has been committed toward a person of authority, or against a journalist on duty, or if it is directed toward a larger group of people, or if it caused a major disturbance of the larger population, or if the threats have put the threatened person in a difficult position for a longer duration, the perpetrator will be sentenced to imprisonment between six months and five years.The criminal Act under Section 1 of this article is prosecuted through a private lawsuit, and the criminal Act from Section 2 of this Article is prosecuted upon suggestion, unless the act from Section 1 or 2 has been committed out of hatred, toward a child, a person with a disability or a close person.
- Intrusive behaviour (Art. 140): Whoever consistently and over time follow or watch another person or establish with her or trying to establish with her unwanted contact or in some other way try to so scary her and with that cause anxiety or fear for their safety or the safety of those close to her, shall be punished by imprisonment up to one year.If the criminal offense referred to in Paragraph 1 of this Article is committed against a current or former spouse or common-law spouse or same-sex partner, person with whom the perpetrator was in an intimate relationship or a child, the perpetrator shall be punished by imprisonment up to three year.Criminal offense referred to in Paragraph 1 and 2 this Article is haunted by the proposal, unless it is committed against a child.
- Domestic Violence (Art. 215): A member of the family who by violence, abuse or exceptionally insolent conduct puts another member of the family into a humiliating position shall be punished by imprisonment for six months to five years.
Legal SourceLaw on the Protection from Domestic Violence, Article 4 and Criminal Code
Legal provisions on protection ordersLaw on the Protection from Domestic Violence, Article 11:
- Mandatory psychosocial treatment;
- Prohibition of approaching the victim of domestic violence;
- Prohibition of harassment or stalking the victim of violence;
- Removal from the apartment, house or other living space;
- Mandatory treatment of addiction;
- Seizure of objects intended for or used for committing offenses.
Criminal Code, Article 65:
- Mandatory psychiatric treatment;
- Mandatory treatment of addiction;
- Mandatory psychosocial treatment;
- Restraining order;
- Removal from common household.
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- Country
- Cyprus
- Topics
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- Violence
- Justice
In Cyprus, intimate partner violence is recognised only within the context of "violence in the family", which means any act, omission or behaviour which causes physical, sexual or mental injury to any member of the family by another member of the family and includes violence used for the purpose of having sexual intercourse without the consent of the victim as well as of restricting its freedom.
ObservationsMember of the family can mean a husband and wife who have been legally married whether the marriage still exists or not, or cohabiting partners; the parents of the cohabiting spouses; the children and/or grandchildren of cohabiting partners and their parents or any person residing with the aforementioned persons. Violence between homosexual couples is not recognised.
The law also clarifies that rape can be committed within marriage.
Legal SourceThe Violence in the Family (Prevention and Protection of Victims) Law 119(I) of 2000 and 212(I) of 2004
Legal provisions on protection ordersViolence in the Family (Prevention and Protection of Victims) Law, Article 22:
- The Court may, upon application by a member of the family or by the police or by the prosecutor or by the Attorney-General of the Republic or by a Family Counsellor or by another person acting on behalf of any of the above, issue an interim order restraining the suspect or for the removal of the minor victim until a criminal case against the accused for the criminal offence of violence is filed and tried. Interim order restraining the suspect or removing the victim.
- The Court shall issue an order, at any time, upon an application accompanied by an affidavit sworn by the victim or, in the case of a minor victim, by any other person who is in a position to have direct knowledge of the facts or by any other evidence, causing a prima facie risk for use or repetition of violence, including statements of the victim or other persons in any form, certificates, confirmations and other evidence under this or any other Law.
Article 23: The Court may issue against a person charged for the commission of any offence of violence, under this Law, an order valid for such period and upon such conditions as it may impose, prohibiting such person to enter or remain in the marital home. Such an order shall be called “a restraining order”
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- Country
- Czechia
- Topics
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- Violence
- Justice
In the Czech Republic, "Maltreatment of a person living in a jointly occupied dwelling" means: whoever maltreats a close person or other person, that lives with him/her in jointly occupied flat or a house shall be sentenced to a term of imprisonment of six months up to four years.
ObservationsThe definition is limited only to situations of cohabitation and thus does not fully correspond to the definition of intimate partner violence.
Special circumstances (in the same legal provision):
- The offender shall be sentenced to a term of imprisonment of two years up to eight years, a) if he/she commits the act defined in paragraph (1) in especially cruel manner or on more than one person, b) if he/she causes grievous bodily harm, c) if the offence is perpetrated against more than two people, or d) if the contravention has continued for a prolonged period of time.
- The offender shall be sentenced to a term of imprisonment of five years up to twelve years if he/she causes by the act defined in paragraph (1), a) serious bodily harm to at least two people, or b) death.
Legal SourceCriminal Code, Section199
Legal provisions on protection ordersEviction: Act on Police No. 273/2008, Sections 44-47
Court protection: Code of Civil Procedure, Section 76b
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- Country
- Denmark
- Topics
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- Violence
- Justice
ObservationsThe Danish Penal Code does not have a specific paragraph for intimate partner violence. It is prosecuted on the basis of the general paragraphs for crimes of physical, sexual, psychological or financial violence (Criminal Code, Chapters 23, 24, 25, 26 and 27).
Legal provisions on protection ordersLaw on Social, Section 109: The municipal council shall provide temporary accommodation for women who have experienced violence, threats of violence or any similar crisis in relation to family or marital status. Women may be accompanied by children, and they receive during their stay care and support.
Since 2004 it has been possible to expel violent men from home and/or to impose a restraining order (Act No. 112 of 2012)
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- Country
- Finland
- Topics
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- Violence
- Justice
ObservationsThere is no legal definition of intimate partner violence in the criminal law. It could fall under "assault"
Legal provisions on protection ordersThe initiative for the Act on the Restraining Orders was made by a group of Members of Parliament. The purpose of this proposal was to protect women in intimate relationships. The final Bill, presented to the Parliament in 1998, presented the problem in a wider context. The law on restraining orders came into force in 1999 (4.12.1998/898). There are three types of restraining orders (also called protection orders). All of them can be based on a threat of a crime against life, health or freedom of a person.
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- Country
- France
- Topics
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- Violence
- Justice
In France, "domestic violence" is violence between those engaged within a couple, married or not, as well as violence against the couple’s children, or between a former spouse, partner or civil union partner.
ObservationsDomestic violence can be psychological (offensive words, threats, shouts), physical or sexual abuse. The couple's relationship does not justify forcing a person to have sex with her partner. Violence between those engaged within a couple are aggravated criminal offences that increase penalties.
Legal SourceLaw n° 2010-769 of 2010
Legal provisions on protection ordersArt. 515-9: When violence within the couple or by a former spouse, a former partner under a civil solidarity pact or a former partner, endangers the person who is the victim, and/or one or more children, the Family Court may issue an emergency protection order.
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- Country
- Germany
- Topics
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- Violence
- Justice
ObservationsThere does not exist a legal definition, but a policy definition is used by federal and state governments.
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- Country
- Greece
- Topics
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- Violence
- Justice
In Greece, "domestic violence" is the commission of one of the following offences against a family member (Articles 6, 7, 8 and 9 of this act and Articles 299 and 311 of the Criminal Code):
- Domestic physical injury
- Domestic illegal violence and threat
- Rape and abuse in lewdness (lechery)
- Sexual abuse
- manslaughter by intention
- fatal injury
ObservationsIn the framework of the Domestic violence law, the definition of family or family in a wider definition includes spouses or parents and relatives first and second degree by blood or by marriage and by adoption children. The term “family” includes, where there is cohabitation, relatives by blood or marriage to the fourth degree and persons whose commissioner, court attendant or foster parent are designated as family member, and any minor person who lives in the family. The provisions of this law apply to a permanent companion of the man or the woman and the children, common or one of them, provided they cohabit. They also apply to the former wives and husbands.
Victim of domestic violence is also the member, in whose family was committed manslaughter by intention and fatal injury (Criminal Code, Articles 299 and 311), and the minor who witnessed one of the offenses of domestic violence.
Additionally, in the framework of the domestic sexual abuse, offender is the one who works in social care provider institution when the act is directed against a person, who receives services from that institution.
This act includes also measures for physical violence against a minor as a means of punishment in the upbringing. However, the domestic violence law does not include the former intimate partner violence.
Legal SourceAct 3500/2006
Legal provisions on protection ordersThe law describes the legal provisions, the prosecution, the protection orders and provisions for the victim’s assistance.
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- Country
- Hungary
- Topics
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- Violence
- Justice
No criminal offense by itself, but an aggravating feature.
ObservationsFor example: Criminal Code, Section 202
- The person who induces a person who has not yet completed his fourteenth year, to have sexual intercourse or to fornicate with another person, commits a felony and shall be punishable with imprisonment from one year to five years.
- The person who has completed his eighteenth year and strives to persuade a person who has not yet completed his fourteenth year, to have sexual intercourse or to fornicate with another person, commits a felony, and shall be punishable with imprisonment of up to three years.
- The punishment shall be imprisonment from two years to eight years, or from one year to five years, respectively, if the injured party of the crime defined in subsections (1) or (2) is a relative of the perpetrator, or is under the education, supervision, care or medical treatment of the perpetrator.
Legal SourceCriminal Code
Legal provisions on protection ordersOn 6 June 2013 Hungary joined the new regulation which complements the ‘European protection order’. It guarantees that victims and survivors of domestic violence can rely on restraint or protection orders issued against the perpetrator in their own country when they travel or move to another EU country.
27 items / 3 pages