Implementing Domestic Violence Laws Anna Horinova Sofia 2008 Persefona o.s.

Czech Republic – One-Year Experience with New Legislation. Good practice, problems and challenges for the future.

 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

Protection Against DV Act 2006  Enter into force  According to the Austrian pattern  Three elements of protecion  Police Eviction  Civil Court Protection  Intervention Centers establishment

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.)

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

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

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.

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

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

Thank you! Adress: Bratislavska 31 Brno Czech Republic Anna Horinova