Legal Aspects of Domestic Violence in the Light of Amendments to the Police Act and Other Acts

2021 ◽  
Vol 13 (2) ◽  
pp. 13-14
Author(s):  
Anna Gadomska-Radel
Keyword(s):  
Social Issue ◽  
Domestic Violence ◽  
Sexual Abuse ◽  
Legal System ◽  
Legal Protection ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Place Of Residence ◽  
The Family ◽  
Multi Level

Violence in the family is an important social issue and one of the most dangerous pathological problems leading to victimisation. It can take various forms, namely physical, psychological, economic and sexual abuse, and each time it causes multi-level consequences for all family members. The extent of domestic violence and its consequences show that the binding regulations of the Act on Counteracting Domestic Violence, as well as of the Code of Criminal Procedure, referring among others to the order for the perpetrator of domestic violence to leave the place of residence, have often proved insufficient in practice. It was therefore necessary to introduce more effective instruments of the legal protection of a person subjected to violence into the Polish legal system, allowing, inter alia, to order the offender to leave the place of residence with immediate effect. It was additionally improved by allowing the court, as a form of safeguarding measures under the provisions of the Code of Civil Procedure, to extend the validity of an order or a ban issued by the Police or Military Police for a further period of more than 14 days, as well as by speeding up the proceedings related to obliging a violent person to leave a shared dwelling and its immediate vicinity or bar him or her from the dwelling and its immediate vicinity. This was expressed in the Act of 30 April 2020 on amending the Act - the Code of Civil Procedure that came into force on 30 November 2020 and in some other acts. The introduced regulations will make it possible to ensure the safety of a person affected by violence who will not have to leave the dwelling to seek shelter for themselves and their children, and should also contribute to the improvement of victims’ situation and measures taken to counteract violence in the family.

scholarly journals Reconstruction of Integrated Legal System for Protecting the Victims of Domestic Violencein Divorce Cases

2018 ◽  
Vol 54 ◽  
pp. 08006
Author(s):  
Naqiyah ◽  
Nita Triana
Keyword(s):  
Domestic Violence ◽  
Legal System ◽  
Legal Protection ◽  
System Model ◽  
Survey Method ◽  
Criminal Cases ◽  
Legal Research ◽  
Legal Structure ◽  
Depth Interview ◽  
Religious Courts

There is a guarantee for legal protection for all citizens without any discrimination. However, there are many cases of victims of domestic violence, hidden in civil law cases that are handled by religious courts. It is because the religious courts do not have authority to handle criminal cases. This paper aims to examine the feasibility of reconstructing the existing integrated legal system in protecting the victims of domestic violence in divorce cases in Cilacap District. Furthermore, this study is to research a model of an integrated legal system of the protection of victims of domestic violence in divorce cases. This research is a non-doctrinal legal research with socio-legal approach using a qualitative derived from literature and a survey method. The method used was observation, depth interview, document interpretation. The data were taken from Religious Court, police, and community leaders in Cilacap. The data were analysed by the theory of legal work. This research concludes that one of the solutions for the protection of victims of domestic violence in divorce cases is to reconstruct an integrated legal system model from all its elements that include legal structure, substance and culture so that it can handle the cases of domestic violence effectively..

7. Domestic Violence and Abuse

Family Law ◽  
2018 ◽  
Author(s):  
Anna Carline ◽  
Roxanna Dehaghani
Keyword(s):  
Social Issue ◽  
Domestic Violence ◽  
Family Law ◽  
Domestic Abuse ◽  
Legal Aid ◽  
Protection Orders ◽  
The Family ◽  
Private Matter ◽  
The Impact ◽  
Domestic Violence And Abuse

The chapter examines how, historically, domestic violence was considered to be a private matter that was none of the law's concern. While domestic violence is now recognised to be an important social issue, the historical acceptance of such abuse provides a context to understand some of the difficulties that victims face today. A key focus of the chapter is the family law remedies available for domestic abuse victims. Three key remedies are examined: non-molestation orders, occupation orders, and forced marriage protection orders. The chapter also explores some of the wider factors pertaining to the family justice system's response to domestic violence. It is important to recognise the impact of the changes to legal aid as introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the extent to which victims of domestic violence may feel threatened during family law proceedings, particularly in cases involving the arrangements for children after separation.

scholarly journals Sociocultural and Legal Aspects of Violence Against Men

2019 ◽  
Vol 1 (3-4) ◽  
pp. 246-249
Author(s):  
Sanjay Deshpande
Keyword(s):  
Domestic Violence ◽  
Family Structure ◽  
Legal Aspects ◽  
Spousal Violence ◽  
Socioeconomic Changes ◽  
The Family ◽  
Gender Neutral ◽  
Victims Of Violence

Domestic violence is always discussed in relation to women. Man is always considered as the perpetrator. However, because of the socioeconomic changes affecting the family structure in recent times, domestic violence is not limited to women only. Men also are abused verbally, physically, emotionally, psychologically, and sexually. Men do not report these abusive behaviors and are silent victims of the consequences. As the laws in our society favors women as victims of violence, these hapless men do not get justice for their pitiable condition in the family and society. This article attempts to explore the extent of this problem and highlights its causes and effects. There is a need for gender neutral laws for domestic violence. Domestic violence should be considered as spousal violence.

scholarly journals A ESCOLA COMO ESPAÇO REVELADOR DA VIOLÊNCIA DOMÉSTICA CONTRA A CRIANÇA: um estudo de caso

2021 ◽  
Vol 27 (2) ◽  
Author(s):  
Maria Aparecida da Silva ◽  
Maria do Horto Tiellet ◽  
Vivian Lara Cáceres Dan
Keyword(s):  
Domestic Violence ◽  
Sexual Abuse ◽  
Physical Violence ◽  
School Setting ◽  
Phenomenological Approach ◽  
School Principal ◽  
Point Of View ◽  
Violence Against Children ◽  
The Family ◽  
Violencia Domestica

O presente estudo tem como objetivo tipificar a violência contra a criança em âmbito familiar e saber de que forma a escola trabalha com o problema. Utilizamos como suporte teórico-metodológico a abordagem fenomenológica, e como instrumento de pesquisa a entrevista. Nove foram os sujeitos escolhidos pela técnica da “cadeia de informantes”, iniciada pelo/a diretor/a da escola. A violência doméstica contra a criança, analisada a partir do olhar dos sujeitos significativos, manifesta-se pela negligência, pela violência física, pelos maus tratos, pelo abuso sexual e o estupro relatados por mães e agressores/as identificados/as, mas não são denunciados/as, quer seja pela escola ou pelos/as responsáveis pela criança. Em relação ao que foi constatado, é possível afirmar que, no âmbito escolar pesquisado, as ações para o enfrentamento do problema da violência contra crianças e adolescentes são ineficazes, inúteis, e não surtem efeito.Palavras-Chave: Professor. Violência doméstica contra a criança. Violência intrafamiliar.SCHOOL AS A REVEALING SPACE OF DOMESTIC VIOLENCE AGAINST CHILDREN: a case studyAbstractThis piece of study aims to define violence against children within the family, and to understand how school copes with the problem. As a theoretical-methodological input, we used a phenomenological approach. Our research tool was the interview. Nine subjects were chosen by applying the "chain of informants" technique, starting with the school principal. Domestic violence against children, as analyzed from the point of view of significant subjects, is portrayed by neglect, physical violence, maltreatment, sexual abuse and rape reported by both mothers and identified perpetrators. However, they are not reported either by the school nor by those who are responsible for the children. Regarding to what has been found out in the researched school setting, one can affirm that actions to cope with the problem of violence against children and adolescents are ineffective, worthless and do not work.Keywords: Phenomenology. Teacher. Domestic violence against children. Intrafamily violence.LA ESCUELA COMO ESPACIO REVELADOR DE LA VIOLENCIA DOMÉSTICA CONTRA LA INFANCIA: un estudio de casoResumenEl presente estudio tiene como objetivo tipificar la violencia contra la infancia en el ámbito familiar y saber de qué forma la escuela aborda el problema. Utilizamos como soporte teórico-metodológico la perspectiva fenomenológica, y como instrumento de investigación, la entrevista. Fueron entrevistados 9 sujetos seleccionados a partir de la “cadena de informantes”, iniciada por el/la director/a de la escuela. La violencia doméstica contra los niños según análisis desde la mirada de los sujetos significativos se manifiesta por la negligencia, la violencia física, los malos tratos, el abuso sexual y la violación reportados por madres y por agresores/as identificados/as. Sin embargo, no son denunciados/as por la escuela tampoco por los/as responsables de los niños. En relación con lo constatado, se puede afirmar que, en el ámbito escolar investigado, las acciones al enfrentamiento del problema de la violencia contra los niños y adolescentes son ineficaces, inútiles y no surten efecto.Palabras-clave: Fenomenología. Profesor. Violencia doméstica contra la infancia. Violencia intrafamiliar

The order to leave the shared accomodation by the person using violence in the family

2021 ◽  
Vol 36 (1) ◽  
pp. 139-152
Author(s):  
Małgorzata Czarkowska
Keyword(s):  
Domestic Violence ◽  
Civil Procedure ◽  
Military Police ◽  
The Family ◽  
Speed Up

One of the most important elements of effective counteracting domestic violence is ensuring the safety of victims and protecting them from further harm. This is possible mainly by separating the perpetrators from their victims. The large numer of legal instruments of an isolation nature includes also the separation of perpetrators by ordering them to leave the accomodation shared with the person against whom the violence is being used. Due to the insufficient effectiveness of the existing legal instruments, the Act of April 30, 2020 amending the Act – Code of Civil Procedure and certain other acts (Journal of Laws, item 956) introduced new powers and amendments to the existing powers of the Police, Military Police and court. Their goal is to speed up the response of these entities to domestic violence.

scholarly journals Ethical and legal aspects of disaster response under Indonesian legal system

2018 ◽  
Vol 229 ◽  
pp. 04006
Author(s):  
Ida Susanti
Keyword(s):  
Legal System ◽  
Disaster Response ◽  
Legal Protection ◽  
Legal Aspects ◽  
Displaced Persons ◽  
Legal Ethics ◽  
Force Majeure ◽  
Legal Position ◽  
The Government ◽  
Almost All

Indonesia is a vulnerable country to disasters. Because almost all islands in Indonesia has the volcanoes, Indonesia is in the ring of fire, which potentially triggers a volcano eruption disaster. Moreover, earthquake, flood, tsunami, landslides regularly occur in Indonesia. It is very important to the response to such disasters. Recently, many regulations have been issued by the government, yet many unjust or indecent treatment have been experienced by displaced persons or the victims of disasters. Some illustrations concerning how bad legal position of disasters’ victims, especially their private rights, will be explored. It is common that in a contract, a natural disaster will be considered as a force majeure. A legal consequence of this condition is, the disasters’ victims must defray or restore the damage by themselves. It could be very unfair or inhumane because, after the disaster usually, many victims lose their capacity to perform their previous legal obligation. In this issue, the law fails to protect, because legal solution could be formally legitimate but substantially unfair. In this case, ethical consideration must be endorsed, for increasing their capacity to recover from the disaster. This paper describes disaster responses in Indonesian’s legal system, especially in the context to protect displaced persons or victims of disasters; and to explore justification to use legal ethics to protect them, in case legal protection fails to provide substantive justice for disasters’ victims.

scholarly journals Family violence offence in a social context and legal system of Serbia and Montenegro

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 5-10
Author(s):  
Vesna Nikolic-Ristanovic
Keyword(s):  
Domestic Violence ◽  
Family Violence ◽  
Legal System ◽  
Legal Protection ◽  
Protective Measures ◽  
Serbia And Montenegro ◽  
Legal Reforms ◽  
Legal Situation ◽  
Victims Of Violence ◽  
Paper Author

In this paper author elaborates macro and micro factors which contribute to emergence/aggravation of family violence in a circumstances of social transition, as well as factors which contribute to better protection, assistance and support to victims of violence. Therefore, author presents historical development of lobbying for legal reforms regarding domestic violence, as well as importance and broader context of new incrimination - Domestic Violence - in the legal system of Serbia and Montenegro. Also, in this paper author presents basic principles of the New Model for legal protection from family violence, made by the working group of the Victimology Society of Serbia, describing legal situation that existed before these changes and legal protection of victims after the reform. Author also indicates to an incomplete legal protection of victims - lack of possibilities for arrest, protective measures, restraining orders, and (voluntary or mandatory) treatment of abuser. The importance of monitoring of implementation and further improving of this and other laws is stressed out as well.

scholarly journals Domestic Violence: Prevalence And Its Psycho-Social Impacts On Women In Pukhtoon Society

2014 ◽  
Vol 8 (1) ◽  
pp. 113-124 ◽  
Author(s):  
Mamoon Khan Khattak ◽  
Aamir Khan Bangash ◽  
Sabir Michael ◽  
Zubaida Khatoon Khattak
Keyword(s):  
Domestic Violence ◽  
Cultural Values ◽  
Legal Protection ◽  
Social Impacts ◽  
Married Women ◽  
The Family ◽  
Basic Purpose ◽  
Violence Prevalence ◽  
Forms Of Violence ◽  
The Universe

The women are affected by many forms of violence; most often inside the most secure environments i.e. of their own homes. Women are suffering in our societies due to socio-cultural values, misinterpretation of religious teachings, their subordinate status and lack of legal protection. The impacts of domestic violence go beyond the family and affect not only the victims but society as a whole. The basic purpose of this research was to know the views and experience of married women about psycho social impacts and forms of domestic violence on their status. Women crises center of District Kohat, Khyber Pakhtunkhwa Pakistan was the universe of the study. The research sample was comprised of 30 married women. The data were collected through the interviews schedule and questionnaire with the subjects.

scholarly journals Problems of preventing domestic violence against children in Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 238-243
Author(s):  
Larysa Barbarosh
Keyword(s):  
Domestic Violence ◽  
Legal Protection ◽  
Psychological Trauma ◽  
State Intervention ◽  
Legal Rights ◽  
Domestic Sphere ◽  
Criminal Offense ◽  
Violence Against Children ◽  
Political Processes ◽  
The Family

The article reveals the problems of domestic violence against children in Ukraine. It is noted that the globalization changes in the social-economic and political processes taking place in the XXI century require legal protection of the legal rights and interests of human being and citizen in various spheres of life, including domestic sphere. Unfortunately, domestic violence against children is not an accidental fact of human destructiveness, but a stable, massive, extremely dangerous phenomenon that requires (ultra ratio) state intervention on a daily basis. The article emphasizes that the problems of preventing domestic violence against children, as one of the forms of domestic criminality in Ukraine, are generally little studied and quite relevant for our society, and in particular for every family. Factors that shape the causes and conditions of domestic violence against children are related to: – social-political crisis in Ukraine, which does not strengthen the protection of the family as the main center of society, but on the contrary corrupts its foundations; stratification of the population according to the level of material condition, when some families have everything and others survive as they can; – insecurity of the majority of citizens in the future, which creates a reluctance to have children, to deal with their upbringing; – the emergence of aggression and conflict in the family, as a consequence, divorce, the commission of a criminal offense with all its features; – the perpetrator of domestic violence against a child creates a psychological trauma, which can create a basis for aggression in adulthood; – lack of pedagogical knowledge and basics of psychology in most parents, which leads to cruelty, violence in relations between adults and children, etc. In the process of researching the problems of domestic violence against children, we paid attention to the data on the physical and mental state of health of the subjects of domestic violence (father or mother). According to some of the criminal proceedings we have studied regarding the commission of a criminal offense under Art. 126-1 of the Criminal Code of Ukraine, we failed to establish any chronic (somatic) diseases in perpetrators who committed violence against children. This means that the abuser is directly aware of the commission of illegal acts against his child and wants to commit them. The construction of a system for the prevention of domestic violence against children is substantiated, which can take place only with the implementation of comprehensive programs adopted on the basis of state criminal policy, taking into account the specifics of the state of domestic violence and its nature.

scholarly journals Domestic violence committed by women in the family - or the family as an object of protection in the criminal law of Poland

2021 ◽  
Vol 3 ◽  
pp. 32-37
Author(s):  
J. Dlugosh-Yuzvyak ◽  
Keyword(s):  
Domestic Violence ◽  
Family Member ◽  
Criminal Law ◽  
Family Environment ◽  
Legal System ◽  
Legal Definition ◽  
The Family ◽  
Police Statistics ◽  
The One ◽  
Definition Of

The article is devoted to the problems of understanding the legal issues of the family in the criminal law of Poland and in criminology. The paper analyzes the issues of the content of the definition of the family. It is necessary to refer to its legal definition. It is concluded that although the concept of family is repeatedly found in the Polish legal system, it is not uniform and has different content for certain areas of law. The article presents a scientific analysis of one of the categories of crimes against the family, i. e. the so-called domestic violence. There is no legal definition of the domestic violence in the Polish legal system, although it is assumed to be a social phenomenon that occurs when a family member or other person living together or managing a household deliberately tries to dominate another family member, physically or mentally. Thus it is possible to talk about domestic violence as a violence occurring among people living in the same household. Its subcategory is the so-called violence in family occurring in the family environment. The paper presents and analyzes examples of domestic violence and police statistics. Some of these behaviours can be classified as crime against the family. Thus it is possible to specify, that, on the one hand, the victims of domestic violence are more likely to be women and, on the other hand, that women are far less likely than men to be suspected of domestic violence. However presently every eighth victim of violence in family is a man. Within the framework of the presented article, it is proposed to turn attention to the problem of women as perpetrators of domestic violence, especially in relation to a man. It is necessary to emphasize that domestic violence perpetrated by women against men, including their husbands, is a growing phenomenon.

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