Legal response to domestic violence in Tajikistan

2013 ◽  
pp. 155-167
Keyword(s):  
Domestic Violence ◽  
Legal Response

6. Domestic Violence and Abuse

2015 ◽  
pp. 164-210
Author(s):  
N V Lowe ◽  
G Douglas
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Emotional Abuse ◽  
Civil Law ◽  
Domestic Sphere ◽  
Legal Response ◽  
Gender Based ◽  
And Gender ◽  
Definition Of ◽  
Domestic Violence And Abuse

This chapter deals with the legal responses to various forms of personal behaviour within the domestic sphere which may amount to physical or emotional abuse. It begins with discussions of the definition of domestic violence and abuse; the scale of domestic abuse; government strategy; and gender-based abuse as a breach of human rights. It then turns to the protection afforded by the criminal law; civil law remedies; and remedies through housing law. It concludes by considering whether the legal response to domestic violence should primarily be the use of the criminal law or through the civil law.

scholarly journals Peculiarities of consideration of domestic violence cases by a jury: problems and perspectives

2021 ◽  
Vol 7 (2) ◽  
pp. 120-126
Author(s):  
Z. M. Beryoza
Keyword(s):  
Domestic Violence ◽  
Family Violence ◽  
Judicial Review ◽  
Optimal Composition ◽  
Criminal Proceedings ◽  
Effective Protection ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Legal Response

The article analyzes the question of the optimal composition of the court for resolving domestic violence cases as a means to ensure more effective protection of victims of family violence and an appropriate legal response to this phenomenon. Special attention is paid to the peculiarities of consideration of such cases by the jury. The author attempts to observe the advantages and disadvantages of this type of legal proceedings in domestic violence cases, taking into account the peculiarities of the procedural form itself, as well as the substantive legal characteristics of crimes committed in the domestic context. The analysis was conducted through the prism of the criteria of the courts impartiality, the specifics of evidentiary process and of the judicial review of the final judgments rendered in such cases. As a result, it was concluded that, although the features of the procedural form in question impose certain restrictions on the participants in criminal proceedings, the consideration of domestic violence cases by a jury, as an alternative to a professional judge, has undoubted advantages and prospects for its more common use.

scholarly journals Implementation of state policy in the field of prevention and response to domestic violence

2019 ◽  
pp. 10-13
Author(s):  
Iryna LITVINOVA ◽  
Viktoriia KOVALOVA
Keyword(s):  
Domestic Violence ◽  
State Policy ◽  
Civil Law ◽  
State Policies ◽  
The State ◽  
Effective Mechanism ◽  
Legal Response ◽  
Medical Institutions ◽  
Wide Range ◽  
Effective System

Introduction. The provisions of national law indicate that state policy in the field of prevention and counteraction to domestic violence is one of the priorities of the state legal policy of Ukraine. The purpose of the paper is as follows: to review on the basis on legislation provisions the implementation of state policies in the field of preventing and combating domestic violence, by improving the forms of protection and assistance for victims of domestic violence. Results. In Ukraine domestic violence is not a purely family affair, since the state has established an effective mechanism for combating and preventing domestic violence; is defined a list of actors authorized to take appropriate measures. Subjects of administrative and legal response to domestic violence are the empowered state authorities, executive and local self-government bodies and their structural subdivisions, citizens' associations, enterprises, institutions and organizations, as well as individuals - citizens of Ukraine, foreigners, and stateless. It can be stated that currently in Ukraine there is a rather broad system of providing protection and assistance to domestic violence victims, which is aimed at securing the rights and legitimate victims’ interests of such violence, providing them with effective assistance and protection, preventing recurrence of domestic violence in the future. Domestic violence is counteracted and prevented through a wide range of state-provided means. Criminal, administrative and civil law responsibility may be imposed for the commission of domestic violence, furthermore the legislation provides for basic and specific measures to counter domestic violence. Conclusions. To overcome the problem of domestic violence, it is necessary to introduce an effective system of avoidence and prevention of this type of violence, this system should be based on the following elements: 1) prevention; 2) providing protection and assistance to victims; 3) bringing the perpetrators to justice. However, in our opinion, the solution to the preventing and combating domestic violence problem is possible only by joining forces of public and state structures, mass media, educational and medical institutions, national communities, etc.

scholarly journals Problem of criminal legal qualification of domestic violence in law enforcement practice

2021 ◽  
Vol 2 (16) ◽  
pp. 139-161
Author(s):  
Anhelina Yevhenivna Oliinychenko
Keyword(s):  
Domestic Violence ◽  
Supreme Court ◽  
Criminal Code ◽  
Appropriate Behavior ◽  
Legal Response ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
Restrictive Measures

Domestic violence is a phenomenon that can take the form of a socially dangerous act and be qualified as a crime under Art. 126-1 of the Criminal Code of Ukraine and other articles of the Criminal Code of Ukraine. It is the correctness of the criminal legal qualification of domestic violence that became the subject of our study.              The lack of systematic interpretation of Art. 126-1 of the Criminal Code of Ukraine leads in practice to the fact that the courts decide completely differently on the qualification of actions of a person. After all, domestic violence can be a manifestation of both an administrative offense and a criminally punishable act. That makes it impossible to further apply the restrictive measures of a criminal legal nature, enshrined in Art. 91-1 of the Criminal Code of Ukraine. Such situation has already become the basis for resolution in the order of review by higher courts and formation of a position on the most problematic aspects by the Supreme Court of Ukraine. In particular, in order to avoid the prohibited double conviction or punishment, the proceedings must be combined on a comprehensive basis and form a single whole. This means not only that the goal and the means used to achieve it must complement each other in nature and be linked in time, but also that the possible consequences of such legal response to appropriate behavior must be proportionate and predictable. for the persons to whom they relate.             Thus, the purpose of our study is to form a list of issues for the correct criminal legal qualification of actions under Art. 126-1 of the Criminal Code of Ukraine, for the correct separation from the administrative offense under Art. 173-2 of the Code of Administrative Offenses, as well as from other criminal offenses related to domestic violence. The task is to study the conclusions of the Supreme Court of Ukraine, to analyse the case law, to analyse the research conducted by non-governmental international organizations, as well as to analyse the positions of the doctrine of criminal and criminal procedure law on this issue.  

Prosecutorial Response to Nonfatal Strangulation in Domestic Violence Cases

2020 ◽  
Vol 35 (2) ◽  
pp. 160-175
Author(s):  
Amy Reckdenwald ◽  
Donna J. King ◽  
Adam Pritchard
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Police Officers ◽  
Exploratory Study ◽  
Justice System ◽  
Evidence Based ◽  
Insufficient Evidence ◽  
Law Enforcement Training ◽  
Legal Response

Recent research has pointed to the need for systematic law enforcement training on domestic violence when nonfatal strangulation is involved to improve evidence-based prosecution of these potentially deadly assaults; however, virtually no research has examined the legal response to nonfatal strangulation since many states have made it a separate criminal felony. The current exploratory study examines filing, charging, and adjudication decisions of nonfatal strangulation cases over a 3-year period based on evidence documentation in law enforcement reports to explore how these cases are handled by the criminal justice system in Brevard County, Florida. Results support previous research showing the importance of training police officers and other personnel as insufficient evidence may be one possible factor limiting the prosecutors' ability to successfully prosecute domestic violence strangulation offenders to the highest extent available under the law. Implications spread across multiple disciplines.

scholarly journals Why Criminalise Coercive Control? The Complicity of the Criminal Law in Punishing Women Through Furthering the Power of the State

2021 ◽  
Vol 9 (4) ◽  
Author(s):  
Sandra Walklate ◽  
Kate Fitz-Gibbon
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
The State ◽  
Limited Attention ◽  
Coercive Control ◽  
Women’S Experiences ◽  
Legal Response ◽  
Women's Experiences ◽  
The Law

Moves to criminalise coercive and controlling behaviours are hotly debated. In jurisdictions where the legal response to domestic violence has incorporated coercive control, the efficacy of such interventions has yet to be established. Within this debate, limited attention has been paid to the extent to which such moves challenge or endorse legal understandings of the ‘responsible subject’ (Lacey 2016). This article will consider the failure of both the law in theory and the law in practice to address this feature in the debates surrounding coercive control. We suggest that this failure may result in the reassertion of traditional conceptions of responsibility. Or, as Naffine (1990) might say, a reconsideration of the unintended impacts of the prevailing influence of the rational, entrepreneurial, heterosexual, white man of law. Consequently, any law intended to offer an avenue for understanding women’s experiences of coercive control can reassert women as victims to be blamed for those same experiences and sustain the power of the patriarchal state in responding to such violence.

The Effectiveness of Protection Orders in Reducing Recidivism in Domestic Violence: A Systematic Review and Meta-Analysis

2019 ◽  
pp. 152483801988236 ◽  
Author(s):  
Reinie Cordier ◽  
Donna Chung ◽  
Sarah Wilkes-Gillan ◽  
Renée Speyer
Keyword(s):  
Systematic Review ◽  
Domestic Violence ◽  
Meta Analysis ◽  
Future Research ◽  
Eligibility Criteria ◽  
Protection Orders ◽  
Legal Response ◽  
Police Reports ◽  
Reducing Recidivism ◽  
Meta Analyses

Preventing and reducing domestic violence is a national and international social priority. Civil law protection orders (POs) have been the primary legal response to domestic violence internationally for a number of decades. However, evidence of their effectiveness is mixed due to variations in application within and across countries and variable quality of the research with most studies at high risk of bias. The purpose of this systematic review and meta-analysis was to evaluate the effectiveness of POs in reducing violation rates of domestic violence, compare violation rates reported by victims and police reports, and identify factors that influence violation and reoffense. Two electronic databases were searched; two independent researchers screened abstracts. Data were collected and assessed methodologically, using the Kmet Checklist Appraisal Tool and National Health and Medical Research Council Hierarchy of Evidence. Twenty-five studies that evaluated the effectiveness of POs in reducing recidivism in domestic violence met the eligibility criteria. Meta-analyses of weighted means of violation in the studies were conducted. Violation rates were found to be higher for victim reports compared with police reports. Violation rates were reduced when POs used in combination with arrests. PO violation rates were lower among perpetrators without histories of arrest for committing violence, perpetrators not engaging in stalking, and where couples have had medium to high incomes. There is no consensus among the studies about what the most appropriate methodology is to measure PO effectiveness. Future research should establish a more unified approach to evaluating the effectiveness and violations of POs.

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