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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@persefona.cz
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