Implementing Domestic Violence Laws

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Implementing Domestic Violence Laws

• Anna Horinova Sofia 2008
• Persefona o.s.

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Czech Republic One-Year Experience with New
Legislation. Good practice, problems and
challenges for the future.
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• Direct Social and Legal Help for Victims of DV
• Legal and psychological counselling
• Psychotherapy
• Expert legal activities (e.g. comment procedure)
• Training of experts and students interested in
  the field

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Protection Against DV Act 2006

• Enter into force 1.1. 2007
• According to the Austrian pattern
• Three elements of protecion
• Police Eviction
• Civil Court Protection
• Intervention Centers establishment

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Protection Against DV Act 2006

• Police Eviction ( ban on re-entering) 10 days
  duration
• ?
• petition to a civil court
• (pro-longation of protection)
  Intervention ? Centers (legal,
  psychological help)
• Preliminary injunction (eviction, ban on
  re-entering, ban on contacting) 1 month min.
  duration (can be pro-longed - 1 year max.)

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Good Practice

• Responsibility of the state
• Clearly defined competence of Police
• 862 eviction decisions issued
• Police unit specialized in DV cases only in
  Brno
• Prevention
• 48 hours to decide about preliminary injunction
  application
• Prohibition of contact by preliminary injunction

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Implementation Problems

• Gender stereotypes, myths, prejudice
• Wrong interpretation of the purpose
• Overestimation - cure-all effect
• Eviction existence of DV in the family
• No eviction DV does not occur in the family

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Implementation Problems

• The Act does not offer solution for every victim
  
• Very dangerous perpetrators
• Some victims want solve their situation otherwise
  and they have right to do so
• Duration of Preliminary Injunction
• until decision on merits is issued
• 1 year max.

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Implementation Problems

• No link between Family Law and Protection Agaist
  DV Act 2006
• Parental responsibilities of perpetrator to minor
  children
• Right of contact with a child vs. ban on contact
  with victim

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Implementation Problems

• Process of establishing IC
• IC capacity
• IC and network of other social services
• Training of professionals
• Police officers
• Judges
• Workers of child welfare authority

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Thank you!

• Adress Bratislavska 31
• Brno-602 00
• Czech Republic

• Anna Horinova
• ahorinova_at_persefona.cz