Domestic violence: how victims can get legal aid

Unfortunately, for some people, the threat comes not only from an aggressor or on the street, but also at home. In this case, both women and men can suffer from domestic violence, and the perpetrators are not only spouses but also other relatives. These can include parents, children, and even grandchildren.

Lawyers of the free legal aid system explain how to recognize a situation of domestic violence and where to seek help.

How domestic violence manifests itself

Domestic violence can manifest itself in different ways and usually does not begin with physical violence. It is distinguished from domestic conflict by its regularity and intentionality: the abuser wants to hurt, humiliate, control, etc.

Signs of domestic violence and its types:

• the victim is constantly criticized, accused or condemned for any of her actions, insulted, humiliated, threatened or intimidated. The perpetrator forbids the victim to express their own opinion, communicate with other people, distorts their words, uses their weaknesses against them - these are signs of psychological violence. Psychological violence is verbal abuse, threats, including threats against third parties, humiliation, harassment, intimidation, other acts aimed at restricting the will of a person, control in the reproductive sphere, if such actions or inaction caused the victim to fear for their safety or the safety of third parties, caused emotional uncertainty, inability to protect themselves or harmed the mental health of a person;
• the victim is systematically beaten or pushed, threatened with death. They are deprived of food, sleep, medication, rest, not allowed to go out or not allowed to go home - these are signs of physical violence. Physical violence is a form of domestic violence that includes slapping, kicking, pushing, pinching, flogging, biting, as well as illegal imprisonment, battery, torture, infliction of bodily harm of varying severity, leaving in danger, failure to provide assistance to a person in a life-threatening condition, causing death, and committing other violent offenses;
• prohibiting spending their own money or using their own property, threatening to take away or taking away the victim's money or property, controlling what and how much the victim eats, buys, etc. are signs of economic violence. Economic violence is the intentional deprivation of housing, food, clothing, other property, funds or documents or the ability to use them, abandonment or neglect, obstruction of necessary treatment or rehabilitation services, prohibition to work, forced labor, prohibition to study and other economic offenses;
• being forced to have sexual intercourse or other sexual interaction, watch pornography, etc. are signs of sexual violence. Sexual violence is any act of a sexual nature committed against an adult without his or her consent or against a child regardless of his or her consent, or in the presence of a child, coercion to a sexual act with a third party, as well as other offenses against sexual freedom or sexual inviolability of a person, including those committed against a child or in his or her presence.

Legislation on domestic violence

Declaring zero tolerance for domestic violence and recognizing its social danger, the state has introduced new approaches to combating this social phenomenon. In particular, new legal instruments such as an urgent restraining order and a restrictive order, which were previously unknown to national legislation, are being introduced.

Thus, in accordance with clause 16 of Article 1 of the Law on Domestic Violence, an urgent restraining order is a special measure to combat domestic violence, which is taken by authorized units of the National Police of Ukraine as a response to domestic violence and is aimed at immediately stopping domestic violence, eliminating the danger to the life and health of victims and preventing the continuation or recurrence of such violence. This order is issued in the event of an immediate threat to the life or health of the victim in order to immediately stop domestic violence and prevent its continuation or recurrence. This legal instrument is regulated in more detail in Article 25 of the Law on Domestic Violence. In addition, the Ministry of Internal Affairs of Ukraine should develop a procedure for issuing an urgent restraining order.

What actions are necessary to bring the offender to justice

• If an incident of violence has occurred, do not be afraid to write about it on a social network, use it to inform your friends, colleagues, and relatives in personal messages, including publicly. After all, it can save lives thanks to a quick response.
• If you have children, it is important to teach them how to act in such situations, whom to contact, and how to protect themselves.
• You should always have a secret folder or bag with the necessary documents ready. The location of such a folder should not be known to the aggressor. As a last resort, such a folder can also be kept by your close people whom you trust and whom you turn to for help in case of violence.
• Try not to be in a room with the aggressor where there are sharp or life-threatening objects. If the conflict has already started, try to leave the room. This includes temporarily removing jewelry from your neck, which can be dangerous during conflicts.
• Enlist the support of neighbors. Since the quarantine conditions do not allow you to go to them for a while until the situation calms down, all they can do now is call the police, who currently have the most authority to enter the premises.

Where to go if you have been subjected to violence?

Depending on the situation, a person who commits domestic violence faces administrative or criminal liability, ranging from fines and community service to imprisonment.

The first thing to do to bring the offender to justice is to contact the police.

Then we advise you to contact the lawyers of the free legal aid system for professional support - it is free of charge and guaranteed by the Law of Ukraine "On Free Legal Aid".

How the FLA system can help:

• Consultation on your rights and how to bring the offender to justice;
• explaining what evidence is needed and how to collect it;
• apply to the court for a restraining order;
• provide free services of a lawyer or attorney to accompany you in court.

Володимир Шкаєв