scholarly journals RESTRAINING ORDER IN THE ROMANIAN LEGISLATION AND PRACTICE

2021 ◽  
Vol 16 (1-2) ◽  
pp. 47-57
Author(s):  
Andreea-Elena Matic ◽  
Stefania-Cristina Mirica
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Restraining Order ◽  
The Family ◽  
Women And Children ◽  
Risk Situation ◽  
Legislative Changes ◽  
Protection Order ◽  
Legislative Measures ◽  
Important Progress

The protection of the family (especially women and children) consists of important provision in both the international and internal laws of the states. Unfortunately, in Romania, the incidence of domestic violence is high, an aspect that we will highlight in our paper. In this article we aim to analyse the latest legislative changes in the field of protection order, with reference to the provisional protection order. Regarding the temporary restraining order, it is regulated by Order no. 146/2578/2018 (Minister of Internal Affairs and Minister of Labor and Social Justice, 2018) on how to manage cases of domestic violence by police officers. Through this normative act, the necessary framework was created so that the police can intervene quickly when phenomena of domestic violence are registered and to ensure the immediate protection of the victims of aggressors. The police officers assess the risk situation in each case, and it may be ordered to issue a temporary restraining order until the competent court rules on the situation created for a longer period of up to 6 months, with the possibility of extending it. We will also present some relevant cases. Over the last 10 years, the protection of the family (especially women and children) has made some important progress both in terms of legislation and practice. Unfortunately, the level of domestic violence is still significant and, in addition to the legislative measures we will refer to in the article, more measures are needed to educate the population and raise awareness of the severity of this phenomenon that affects the integrity and physical and mental development of victims.

scholarly journals Prevalence of Domestic Violence Against Women and Children in the Philippines

2018 ◽  
Vol 1 (2) ◽  
pp. p52
Author(s):  
Glenda M. Dimaano ◽  
Annie C. Clores ◽  
Abegail M. Iloco ◽  
Leo Justine D. Javier
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Police Officers ◽  
Common Factor ◽  
The Philippines ◽  
Domestic Violence Against Women ◽  
Formal Complaint ◽  
Women And Children ◽  
The Common ◽  
Protection Order

In a country where gender and development is promoted, professionals, educators, students, household and families must be exposed in the issues of Violence against Women and Children in the Philippines. Hence, this mixed method study determined the prevalence of domestic violence against women and children in the municipality of Malvar with an end goal of proposing extension service activities to minimize the problem of domestic violence in the municipality of Malvar. Specifically, it dealt with the following: the issues of violence against women and children in the municipality from 2014-2016, the police officers’ perspective in addressing such case, and the factors that drive the complaints to report such case. The data were obtained through the issues of violence reported in the women’s desk and interview of the two police officers and two random victims. By evaluating and analysing the information gathered, the researchers found out that the common factor that lead the complainant to report the case was the victim’s fear that even their children may experience violence from the husband. The results of the study also revealed that reluctance of the victims to pursue the complaints and the victims’ tolerance of abuse are the problems which boil down the culture. In connection to victims’ reluctance to pursue the complaint, problems like costly, lengthy litigation and corruption in the judiciary and prosecution exist. These problems discourage the victims in filing formal complains. In addition, there is no established national free legal aid program for financially challenged women. In line of the above cited problems, the researchers recommend that victims be referred to DSWD even if she does not file formal complaint. In instances when the victims chooses to go back to her abuser, consistent monitoring and counselling must be done to inform them of other remedies like that of Barangay Protection Order which is cheaper and readily available in barangay.

Police Response to Mandatory Arrest Laws

1995 ◽  
Vol 41 (4) ◽  
pp. 430-442 ◽  
Author(s):  
Sylvia I. Mignon ◽  
William M. Holmes
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Police Training ◽  
Police Departments ◽  
Police Response ◽  
Mandatory Arrest ◽  
Restraining Order ◽  
Weapon Use

Mandatory arrest laws, although controversial, have gained support as one mechanism for reducing domestic violence. This research examines how police officers responded to mandatory arrest statutes. Twenty-four police departments produced data on interventions in 861 cases of domestic violence. Implementing a mandatory arrest law significantly increased arrests of offenders, especially those in violation of a restraining order. Arrest was affected by injury to the victim, use of a weapon, use of alcohol, and presence of a witness. Police training was crucial to the implementation of the mandatory arrest statute.

Life after the Storm: Voices of Women Survivors of Domestic Violence

2015 ◽  
Vol 13 (1) ◽  
Author(s):  
Victoria P. Padilla
Keyword(s):  
Domestic Violence ◽  
Qualitative Study ◽  
Women Survivors ◽  
Violence Against Women ◽  
Interview Method ◽  
Depth Interview ◽  
The Family ◽  
Women And Children ◽  
Happy Family ◽  
Keywords Domestic Violence

Life is certainly not a fairytale and in this kind of situation, “happily ever after” is not very common. These are the stories of five women-survivors of domestic violence who dreamed of having a happy family, but in the end, their dreams contradicted reality. This interpretivist qualitative study was designed to look into a deeper understanding of collective accounts of women-survivors of domestic violence. The narrative inquiry was employed using the in-depth interview method. The study revealed that these women experienced various forms of domestic violence and were caused by men’s bad habits, problems arising from the family, and jealousy of a man or a woman. Several strategies were employed by these women to improve their lives. This tough decision to free themselves from the abuse made them better individuals, developed a stronger bond with their children, and increased faith in God.   Keywords - Domestic Violence, Violence against Women, and Children, Survivors

Police Response to Domestic Violence: The Influence of Individual and Familial Factors

1990 ◽  
Vol 5 (1) ◽  
pp. 37-49 ◽  
Author(s):  
Sandra M. Stith
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Spouse Abuse ◽  
Sex Role ◽  
Marital Violence ◽  
Family Characteristics ◽  
Path Model ◽  
Police Response ◽  
Police Responses ◽  
The Family

Although police officers are often the first group outside the family to intervene in domestic violence situations, little is known about how individual and family characteristics influence the male police officer’s responsiveness in these situations. This study addressed this issue with data from 72 midwestern male police officers. The officers were asked to respond to vignette scenarios in which husbands had assaulted their wives. Three variables previously related to spouse abuse (sex role egalitarianism, approval of marital violence, and marital stress) and the officer’s use of violence in his own marriage were entered into a path model to predict three different possible police responses (i.e., mediating response, arrest, and antivictim response). The model predicted significant variance in the officer’s hostile response to victims of domestic violence but not to his likelihood of arresting abusers or mediating between the abusive couple. Implications for understanding domestic violence and police response are presented.

scholarly journals Aspek Legal Spirit Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga

SASI ◽  
2019 ◽  
Vol 24 (2) ◽  
pp. 168
Author(s):  
Elias Zadrach Leasa
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Psychological Violence ◽  
The Family ◽  
Women And Children ◽  
The Law ◽  
Article 5 ◽  
Forms Of Violence ◽  
Domestic Violence Perpetrators

Families are places where everyone in the family feels safe and comfortable from acts o violence, but in reality violence also accurs whitin the family. The enactment of Law No. 23 of 2004 on the abolition of domestic violence (hereinafter referred to as the Law of Domestic Violence) aims to prevent all forms of domestic violence, protect domestic violence victims, prosecute domestic violence perpetrators, and maintain wholeness harmonious and prosperous households. In handling it is sometimes resolved peacefully. This raises the question of whether the Law on Elimination of Domestic Violence has guaranteed the settlement of Domestic Violence according to its objectives? All forms of violence against women and children constitute a violation of human rights, so it is necessary to be protected by their dignity and dignity and guaranteed their right to life in accordance with their nature and nature without discrimination. The Criminal Act contained in Article 5 of the Act states that prohibited violence is physical violence, psychological violence, sexual violence, or neglect of the household. Many cases of domestic violence are reported but not a few are repealed by the victim for various reasons, such as still loving the perpetrator, and the perpetrator is the breadwinner in the household. The resolution of cases of domestic violence is also up to the court's decision, but this certainly brings the consequences of the objective of the Law on Elimination of Domestic Violence. Despite all forms of prevention of domestic violence, protecting the victim, prosecuting the perpetrator is reached but if the case is passed on to the court decision whether the goal of maintaining a harmonious and prosperous household unity can be achieved. The resolution of domestic violence requires the wisdom of the Law Enforcers (Police, Prosecutors, Judges).

PROTECTION ORDER: INTERNATIONALSTANDARDS, FOREIGN EXPERIENCE AND NATIONAL PRACTICE

2021 ◽  
Vol 6 (2) ◽  
pp. 89-98
Author(s):  
Firuza Khamdamova ◽  
Keyword(s):  
Domestic Violence ◽  
Protective Order ◽  
Foreign Experience ◽  
Restraining Order ◽  
Foreign Countries ◽  
Protective Orders ◽  
The Right ◽  
Protection Order ◽  
National Practice

The article is devoted to the experience of using a protection order to protect victims of domestic or domestic violence. The article provides an overview of relevant international documents, considers the experience of a number of foreign countries, as well as the experience of Uzbekistan. The article notes that along with the concept of "protection order", there are the concepts of "restrainingorder", "protective order", "injunction", "restraining order", etc. In the practice of foreign countries, as a rule, there are 2 types of protective orders -issued for a shorter period (by the police) and for a longer period (by the court). In parallel with the protection order procedure, the victim has the right to apply to the court for compensation and prosecution of the aggressor

COMPETENCE OF NATIONAL POLICE IN FAMILY PROTECTION FROM DOMESTIC VIOLENCE

2019 ◽  
pp. 206
Author(s):  
Marika Magaziņa
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Police Officers ◽  
Legal Aspects ◽  
Women And Children ◽  
The Republic ◽  
Victims Of Violence ◽  
Definition Of ◽  
National Police ◽  
Specific Definition

Domestic violence continues to be a global problem that kills and maims – physically, psychologically, sexually and economically. This problem is present in every country. Domestic violence is enshrined in the Civil Procedure Law of the Republic of Latvia, but there is no specific definition of domestic violence. The vast majority of victims of violence are women and children. Following sections of the Criminal Law of the Republic of Latvia are related to violence in general, not to domestic violence. There are no definitions of domestic/family violence in Latvian legislation. The purpose of this article: to identify problems which are connected with definition of the concept „domestic violence”, identifying procedural problems of its application, exploring the legal aspects of the legal action of national police officers in identifying domestic violence and identifying the most important problems.

Police Responses to Restraining Orders in Domestic Violence Incidents

2000 ◽  
Vol 27 (5) ◽  
pp. 561-580 ◽  
Author(s):  
ROBERT J. KANE
Keyword(s):  
Domestic Violence ◽  
Logistic Regression ◽  
Police Officers ◽  
Theoretical Framework ◽  
Policy Implications ◽  
Restraining Order ◽  
Restraining Orders ◽  
Police Responses ◽  
Risk Of Injury ◽  
Predictive Strength

The present analysis examines the extent to which police officers arrest domestic violence offenders who violate restraining orders. The study develops a theoretical framework, referred to as the custody-threshold thesis, that considers the decision to arrest to be a function of the officers' goals to satisfy one of several purposes of custody. Findings from logistic regression modeling show that restraining-order violations in domestic violence incidents have the greatest impact on arrest probability when risk of injury to the victim is low, but that as risk increases, the predictive strength of restraining-order violations diminishes. Findings support the custody-threshold thesis, suggesting important policy implications, which are identified and discussed.

scholarly journals Shadow pandemic: domestic violence and child abuse during the covid-19 lockdown in India

2020 ◽  
Vol 8 (8) ◽  
pp. 3118
Author(s):  
Prabhadevi Ravichandran ◽  
Anuradha Kunal Shah ◽  
Prabhu Ravichandran
Keyword(s):  
Domestic Violence ◽  
Child Abuse ◽  
Intimate Relationships ◽  
Cultural Norms ◽  
Safety Aspect ◽  
The Family ◽  
The World ◽  
Women And Children ◽  
Public Scrutiny ◽  
Staying At Home

For many women and children around the world, staying at home is no longer a safety aspect during the Covid-19 pandemic. There is a surge in the number of cases of inter-personal violence and child abuse during the lockdown. The stigma and socio-cultural norms create hesitance in subjecting the family and its intimate relationships to public scrutiny. Therefore, building awareness around domestic violence is vital.

Mapping Legislative Changes

2019 ◽  
pp. 40-62
Author(s):  
Asmita Basu
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Women's Movement ◽  
Civil Law ◽  
Legal Regime ◽  
Effective Protection ◽  
The Family ◽  
History Of ◽  
Victims Of Violence ◽  
Legislative Changes

The Protection of Women from Domestic Violence Act, 2005, (PWDVA) is a special civil law aimed at effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family. 26 October 2016 marked the tenth anniversary of the enforcement of the PWDVA. The chapter examines the trajectory of legal developments that culminated in the enactment of the PWDVA as well as the gaps in the legal regime that the enactment of this law sought to overcome. Tracing the history of the women’s rights movement and its engagement with equality and violence against women, the author details the sustained campaign, spanning nearly a decade, by the Indian women’s movement, the drafting of the PWDVA by Lawyers Collective in consultation with the women’s movement and the challenges in its enactment.

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