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- Country
- Ireland
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- Violence
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ObservationsIntimate Partner / Domestic Violence: "Domestic Violence has not been defined in legislation." However, there is a Domestic Violence Act (1996) which says it is: “an act to make provision for the protection of a spouse and any children or other dependent persons, and of persons in other domestic relationships, whose safety or welfare requires it because of the conduct of another person in the domestic relationship concerned and for that purpose to repeal and re-enact with amendments the provisions of the family law (protection of spouses and children) act, 1981 , to provide for arrest without warrant in certain circumstances, to provide for the hearing at the same time of certain applications to a court under more than one enactment for orders relating to domestic relationships and to provide for other connected matters.”
Legal provisions on protection ordersBarring Order:an order which requires the violent person to leave the family home. The order also prohibits the person from further violence or threats of violence, and from watching or being near your home. It can be applied for by a Barring Order (spouse can apply, cohabitant, parent or child.
Interim Barring Order:an immediate order, requiring the violent person to leave the family home. (put violent person out of home), Protection Order (does not put violence person out of home) safety order, breach of court order.
Safety Order:an order of the court which prohibits the violent person from further violence or threats of violence. It does not oblige the person to leave the family home.
Protection Order:an interim Safety Order.
A breach of any of the above Court Orders is a criminal offence.
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- Country
- Italy
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- Violence
- Justice
In Italy, “violence in family or against children” includes all forms of violence perpetrated against a member of his/her own family or the partner.
ObservationsIn the case of a long period of victim violation the perpetrator is punished for “abuse”. If the survivor was violated “just once” misdemeanours such as aggression, rape or insult are treated as single offence. If from the violence there is a serious consequence or death the perpetrator can be imprisoned up to 24 years.
Legal SourceCriminal Code, Article 572
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- Country
- Latvia
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- Violence
- Justice
ObservationsRegulating acts in Latvia do not provide an exact definition of “violence in the family”; therefore right now it is not possible to separate domestic violence from other offences. It is only possible to receive information about separate offences under the Criminal Law and Administrative Violations Code of Latvia. However, the received information will not always reveal a connection with violence in the family.
In cases of violence against a woman or a minor in the family the guilty party is called to criminal liability according to different Sections of the Criminal Code, taking into account the way the crime was performed, its consequences and other features. Most frequently, the criminal process is instigated for inflicting various (heavy, medium or light) deliberate bodily injuries, (Articles 125-130 of the Criminal Law). It falls to the forensic experts to establish the degree of seriousness of bodily injury. The gravest crime against a woman is murder. Liability for murder is envisaged in several Sections of the Criminal Law. Thus, Section 116 of the Criminal Law envisages liability for murder performed due to personal relationships (jealousy, anger,revenge, etc.), during an argument, a fight and other similar cases without aggravating or mitigating circumstances indicated under Sections 117-122 of the CL. Section 117 of the Criminal Law, states murder of a woman who was raped and the perpetrator was aware of her pregnancy as murder under aggravated circumstances.
Criminal Law; Latvian Administrative Violations Code;Criminal Procedure Law: Law on Police:
Legal provisions on protection ordersCriminal Procedure Law, Section 253: "Prohibition for approaching a specific person or location": (1) Prohibition from approaching a specific person is a restriction upon a suspect or accused, provided for with a decision of a person directing the proceedings, from being located closer than the distance referred to in a decision from the relevant person, from having physical or visual contact with such person, and using means of communication, or techniques for transferring information, in order to make contact with such person. (2) A prohibition from approaching a specific location is a restriction, provided for with a decision of a person directing the proceedings, upon a suspect or accused from visiting the relevant location, or being located closer than the distance referred to in the decision. (3) Approaching a specific person or location shall not be recognised as a violation of the prohibition referred to in Paragraphs one and two of this Section, if such approaching takes place within the framework of criminal proceedings, fulfilling the instructions of a person directing the proceedings.
Law on Police: Section 12. "General Rights of Police Officers": Police officers, in performing duties assigned to them in conformity with the competence of the service, have the right: 10) to arrest, on the basis of a written application, persons in a dwelling who are under the influence of alcohol, narcotic, psychotropic or toxic substances and may cause harm to themselves or persons nearby, as well as in cases when people nearby are afraid to remain alone with such a person and if there is no other basis for their arrest , as well as to keep such persons in custody at a police institution until sober or until the determination of the circumstances, but for not longer than 12 hours.
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- Country
- Lithuania
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- Violence
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In Lithuania, the term "domestic violence" is used. Domestic environment shall mean the environment comprising the persons currently or previously linked by marriage, partnership, affinity or other close relations, also the persons having a common domicile and a common household. Violence shall mean an intentional physical, mental, sexual, economic or another influence exerted on a person by an act or omission as a result whereof the person suffers physical, property or non-pecuniary damage
Legal SourceLaw on Protection Against Domestic Violence
Legal provisions on protection ordersWhere the fact of an incident of domestic violence is established, the following measures of protection of a victim of violence shall be imposed: 1) the obligation for the perpetrator of violence to temporarily move out of the place of residence, if he resides together with the victim of violence; 2) the obligation for the perpetrator of violence not to approach the victim of violence, not to communicate and not to seek contact therewith.
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- Country
- Luxembourg
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- Violence
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ObservationsNo specific definition, it falls under domestic violence or another form of violence to all persons who live, or have lived, together (Law of the 8th September 2003)
Legal provisions on protection ordersExpulsion of the author of violence from the domestic residence, in principle for 10 to 15 days.
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- Country
- Malta
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- Violence
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In Malta, "domestic violence" means: any act of violence, even if only verbal, perpetrated by a household member upon another household member and includes any omission which causes physical or moral harm to the other.
Observations"Household member" includes: (i) persons married or formerly married to eachother; (ii) persons living in the same household as theoffender or who had lived with the offenderwithin a period of one year preceding theoffence; (iii) persons whose marriage has been dissolved ordeclared null; (iv) parents and their children; (v) other adults sharing the same household; (vi) persons who are, or have been, formally orinformally engaged with a view to get married; (vii) persons who are related to each other either byconsanguinity or affinity up to the third degreeinclusively; (viii) persons having or having had a child incommon; (ix) the child conceived but yet unborn of any one of the persons mentioned in paragraphs (i) to (viii).
Legal SourceDomestic Violence Act,Chapter 481
Legal provisions on protection ordersCriminal Code, Article 412c
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- Netherlands
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- Violence
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Violence committed by someone from the domestic or family circle of the victim (definition used by the government).
ObservationsIn this regard “domestic and family circle” means partners, ex-partners, family members, and domestic friends.
In the Netherlands, domestic violence includes intimate partner violence. This violence can take on many forms: physical, sexual and/or psychological. Practically, domestic violence is understood to include abuse of (ex-) partners, children, parents and elderly people; honour-related violence, forced marriage and genital mutilation are also included.
Domestic Violence is not a separate offense under Dutch law, but can be prosecuted under other serious (sexual) offenses and might have an augmenting effect on the penalty. For example the sentence for the offense abuse can be augmented with one-third if the offender commits the abuse against a family member (i.e. his father, mother, husband/wife, partner or child) [article 242, 243, 246, 255, 257, 282, 284, 285, 285b, 287, 289, 300-304 and 350 of the Criminal code.] [60: This does not apply for the offenses of rape, sexual assault and stalking though.] [61: Abuse, Mishandeling criminalised under article 300-303 Wetboek van Strafrecht (criminal code).]
Legal SourceMinistry of Justice definition 2002 and Criminal Code, Article 304
Legal provisions on protection ordersAdministrative Law: Temporary Restraining Order (huisverbod), Wet Tijdelijk Huisverbod 2008.
Civil Law: Civil law restraining orders come in three types: a restraining order that prohibits 1) entering a designated area or street (street restraining order), 2) a house (no-entrance order) or 3) any contact with the applicant in whichever way (no-contact order). Victims need to initiate civil interlocutory proceedings to apply for either one.
Criminal Law: A criminal protection order can be imposed 1) as a condition to suspend pre-trail arrest, 2) as a condition to suspend prosecution, or 3) as a condition to a suspended sentence.
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- Country
- Poland
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- Violence
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The physical and psychological ill-treatment of the person related or remaining in the ongoing, unchanging relationship of dependency.
Domestic Violence: Article 2 paragraph 2 of the Counteracting Violence Against Women Act (2010): “one-time or prevalent intentional action or lack of action which violates rights or personal goods of the people mentioned in article 1 (see below), in particular exposing these persons to the of the loss of their life, health, violation of dignity, physical integrity freedom, including sexual freedom, resulting in the loss of physical and psychological health, resulting in suffering and moral injuries to people exposed to violence” Article 2 paragraph 1: family member- should be understood as closest person understood according to article 115 § 11 Criminal Code (6 June 1997 r) or any other person leaving or sharing a household.
ObservationsAbuse: Criminal Code, Article 207
Legal SourceCriminal Code, Article 207
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- Country
- Portugal
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- Violence
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When physical and psychological mistreatments, including physical punishments, deprivation of freedom and sexual offences onto someone of the opposite or same sex take place with whom the aggressor maintains or has maintained a dating relation or akin to that of spouses, even if not in the same household.
Legal SourceCriminal Code, Article 152
Legal provisions on protection ordersDecree-law 112/2009 September 2009: i) the creation of urgent coercive measures, applicable within the first 48 hours after being declared accused (article 31); ii) the establishment of the victim and witness’ protection during evidence gathering as well as in trial sessions, promoting videoconference and teleconference (Article 32); iii) the possibility of access to distance controlled technical means (Article 35); iv) the creation of a specific system for the detention out of in flagrante delicto (caught in the act) (Article 30 (2) and (3); v) in the area of the victim’s social and work protection, the assessment of justified absences (Article 43), the establishment of the victim’s geographic mobility principle (Article 44)
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- Country
- Romania
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- Violence
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Any deliberate action or inaction, with the exception of self-defence, that is either physical or verbal, perpetrated by a family member against another member of the same family that causes a harm, a physical, psychological or sexual or emotional suffering or a material prejudice, including threat of such acts, constraint or temporary deprivation of freedom.
ObservationsFamily violence takes the following forms:
- Verbal violence: the use of offensive language, brutal language, insults, threats, humiliating or degrading expressions.
- Psychological violence: imposing the will or personal control over a family member. Provoking tension and psychological suffering. demonstrative violence against objects, pets, verbal threats, display of guns, neglects, acts of jealousy, constraints of all kinds as well as actions of similar effect.
- Physical violence: assault or battery through pushing, blows, hair pulling, slapping, slashing, burning, choking, biting in any intensity
- Sexual violence: sexual assault, harassment, intimidation, manipulation, brutality in pursuing coerced sexual intercourse, marital rapeeconomic violence – forbidding professional activity, depriving a family member of economic means, including deprivation of basic needs such as food, medicine, intention of theft of personal goods, deprivation of use of common goods, forced work, refuse to contribute to family expenses, imposing hard or dangerous labour on family members including minors
- Social violence: imposing an isolating environment from family, community or friends. Forbidding to attend school, restraining movement. intentional deprivation of information and all similar actsspiritual violence- sub estimating or diminishing the importance of satisfying moral and spiritual necessities through the interdiction, limit, ridicule or penalizing such aspirations by family members, denying access to cultural, ethnical, linguistic or religious values, imposing religion and spiritual practices on family members as well as similar acts
Legal SourceLaw 25/2012, modifying law 217/2003 regarding prevention and combating of family violence, Article 2
Legal provisions on protection ordersProtection Order (Law 25/2012, Article 26): a person whose life, physical or psychological integrity or freedom is in endangered by the violent acts of family member can ask the court to issue a protection order in order to eliminate the state of danger.
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- Country
- Slovakia
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- Violence
- Justice
Whoever is cruel to (abusing) a close person or a person in his custody or care, causing physical or psychological suffering to such person mainly by a) beating, kicking, punching, causing injuries and burns of any kind, humiliating, contemptuous treatment, stalking, making threats, exciting fear or stress, forcing into isolation, emotional blackmailing or any other behaviour jeopardizing the person’s physical or psychological health or limiting the person’s safety, b) groundless denying of food, rest or sleep, or denying of necessary personal care, clothing, hygiene, health care, housing, upbringing or education, c) forcing the person to beg or to perform activities requiring excessive physical or psychological exhaustion regarding the age or health condition of the person, or to perform activities that may harm the person’s health, d) exposure to substances that may harmful the person’s health, or e) unjustified preventing of access to property that the person has a right to use shall be sentenced for 3 up to 8 years of imprisonment.
ObservationsAn offender shall be sentenced for 7 up to 15 years if by committing an offence under subsection (1) a) he/she caused a serious harm to health or death, b) because of peculiar inducement, c) although he/she has been sentenced for such an offence in the part twenty four months or has been sentenced for such an offence and released on parole, d) if he/she has continued committing such an offence for a longer time, in violent manner, threatens with violence or other serious injury, or abuses emergency situation or the dependence of another person. (3) An offender shall be sentenced for 15 up to 25 years of imprisonment, or an exceptional sentence, if by committing an offence under subsection (1) and he/she caused a serious harm to health or death of several persons.
Legal SourceCriminal Code, Articled 208 (relates to domestic violence and also covers intimate partner violence)
Legal provisions on protection ordersExpelling perpetrator from a residence for 48 hours (Act no. 171/1993 Coll. on Police Force, Article 27a)
Temporary eviction of a perpetrator from a residence (Act no. 99/1963 Coll. Code of Civil Procedure as amended, Article 76 (1)g)
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- Country
- Slovenia
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- Violence
- Justice
In Slovenia, "family violence" denotes any form of physical, sexual, psychological or economic violence exerted by one family member against the other (i.e. including violence against children), or disregard of any family member as found in the Article 2 of this Act regardless of the age, sex or any other personal circumstance of the victim or perpetrator of violence. Physical violence denotes any use of physical force that causes pain, fear or shame to the family member regardless of the fact whether injuries were inflicted. Sexual violence pertains to handling with sexual content that is opposed by one family member, or if he or she is forced into acting them out or because of his or her stage of development they do not understand their meaning. Psychological violence denotes such actions with which the perpetrator of violence exerting it against a family member induces fear, shame, feelings of inferiority, endangerment and other anguish. Economic violence is undue control or setting of restrictions of any family member concerning disposing with one's income or in other words managing the financial assets with which the family member disposes or manages and it can also mean undue restricting of disposing or managing the common financial assets of family members. Disregard falls under those forms of violence in which a person does not provide due care for the family member who is in need of it due to illness, disability, old age, developmental or any other personal circumstances.
The Criminal code, article 191.
(1) Whoever within a family treats badly another person, beats them, or in anyother way treats them painfully or degradingly, threatens with direct attack on their life orlimb to throw them out of the joint residence or in any other way limits their freedom of movement, stalks them, forces them to work or give up their work, or in any other way puts them into a subordinate position by aggressively limiting their equal rights shall be sentenced to imprisonment for not more than five years.
(2) The same punishment shall be imposed on whoever commits the acts under the preceding paragraph in any other permanent living community.
(3) If the act under paragraph 1 is committed against a person with whom the perpetrator lived in a family or other permanent community, which fell apart, however, this act is connected to the community, the perpetrator shall be sentenced to imprisonment for not more than three years.
Legal SourceFamily Violence Prevention Act, Article 3 and Criminal code
27 items / 3 pages