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The new bill proposed by the Ministry of Social Affairs seeks to improve the assistance mechanism for both those who have suffered domestic violence and those at risk of violence.
The main focus of the amendment to the law is a new preventive measure: the Order of Protection against Domestic Violence will be introduced.
Under the terms of the court order, an adult at risk of violence is required to temporarily leave his place of residence if he lives with a person at risk of domestic violence. It is also prohibited to visit the place of residence of a victim of violence, approach him, communicate, seek contacts with him.
The order will protect against all forms of violence.
Jūratė Šeduikienė, director of the Women’s Information Center, noted that after the new law comes into force, all people who have suffered domestic violence will receive help.
“Currently, assistance is available only to those for whom a pre-trial investigation has been initiated. The protection order provides the opportunity to provide assistance to everyone,” said J. Šeduikienė.
According to her, the pre-trial investigation is initiated only in accordance with the procedure provided for in the Penal Code, generally when the physical injuries are clearly visible.
“If it is about psychological violence, normally the pre-trial investigation is not initiated. Then the police do not send a complaint of domestic violence to us, specialized complex assistance centers,” said the interlocutor.
According to the new law, officials must register all manifestations of domestic violence and report it to the specialized authorities for comprehensive assistance.
J. Šeduikienė noted the actions taken by the help desk staff: “We proactively contact all victims and offer them help. It is still the person’s right to reject or accept it. “
The duration of the domestic violence protection order in the new bill is 3 days, although a 15-day period was initially proposed. “In the opinion of specialized complex assistance centers, this is too short a time (3 days – Aut. Past)”, said J. Šeduikienė.
According to the specialist, the court order is designed so that a victim of violence can face their feelings and make rational decisions. A period of three days is not enough, said J. Šeduikienė.
For this reason, the representatives of the Women’s Information Center undertook to approach both the Seimas and the Government with a request for an extension of the term of the order.
However, J. Šeduikienė positively assessed the appearance of the order: “A much larger number of people will have the opportunity to receive assistance.”
Of behavior change programs – up to fines
The new law will provide a comprehensive solution to domestic violence: not only the person who suffers violence will be able to receive help, but also the person prone to violence: they will have the opportunity to change their behavior and not use it. in the future.
However, the behavior change courses will not be mandatory, a person will have the right to choose.
“By issuing an order for protection against domestic violence, a police officer informs a person at risk of domestic violence about the possibilities of attending a violent behavior change (training) program,” SADM specialists told tv3. lt.
According to J. Šeduikienė, these courses of violent behavior change could be beneficial. According to her, in the event of a violent conflict, both parties must be helped: “To solve the problem of violence, assistance must be provided to the victim and services must be provided to the victim.”
The Ministry of Social Affairs has indicated that fines will be imposed for non-compliance with the Order of Protection against Domestic Violence (after the reform of article 489 of the Code of Administrative Offenses). According to the specialists of the Ministry of Defense, this will ensure compliance with the obligations of the order and avoid the repetition of violations.
Fines will also be threatened for abuse of the rights of a person who has experienced violence or false reports.
“The false report of domestic violence, abuse of the rights of a person who has suffered violence carries a fine of 14 to 30 euros. Failure to comply with the obligations established in the Order for the Protection against Domestic Violence imposes a fine on people of 80 to 320 euros, ”says the bill.
Repeated non-compliance can result in a fee of between € 140 and € 780.
The new law has advantages and disadvantages
In general, J. Šeduikienė welcomed the new Law on Protection against Violence: “This is a more progressive law than it used to be. First, because of the court order and because the responsibilities of the different institutions are much clearer and more detailed. “
On the other hand, the interlocutor also pointed out gaps in the bill: “However, this law does not recognize gender violence.” According to her, a term like “violence against women” no longer exists.
J. Šeduikienė added that the law should clearly indicate which institutions can be accredited by a specialized complex care center. According to her, it is desirable that only those institutions that have experience in the field of human rights are accredited.
When asked why this is worth considering, J. Šeduikienė replied: “It is necessary to understand all the details of the violence. A common organization that does not work in the field of human rights, does not work in the field of gender equality, does not know all its details (domestic violence – past aut.). Here it is necessary to know and be able to work with this sensitive target group ”.
The new Law on Protection against Domestic Violence will come into force in 2023. January 1
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