VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN
One of the main functions of the Legal Aid Service is the protection of victims of violence against women.
According to the legislation in force, violence against women implies all gender motivated conduct against women in social or private life, which results or may result into infliction of physical, psychological, sexual suffering or economic damage, including the threat of such conduct, compulsion of the women or deprivation of their freedom
Physical violence: battering, torture, damage to health, illegal deprivation of freedom or any other act which inflicts physical pain or suffering; preventing a family member from healthcare which may cause damage to health or death of the latter;
Psychological violence: abuse, blackmail, intimidation or any other action which is deemed as degrading and inhuman treatment;
Economic violence: any act that restricts one’s right to food, accommodation and other conditions for normal development, as well as property and labor rights including shared property and management of one’s shared of property.
Sexual violence: coercive sexual intercourse, under duress or misusing vulnerability of victims; sexual intercourse or any other act of sexual nature, or immoral act against minors.
Harassment: physical or psychological coercion over an individual so that s/he undertakes an action or refrains from it while a decision whether or not to undertake the specific action should be his/her discretion, or experience effects of non-consensual actions
The legislation in force envisages criminal, civil-legal and administrative-legal mechanisms to identify and prevent crimes of violence against women.
Criminal legal mechanisms envisage the start of the criminal prosecution against the violator on an alleged fact of violence, which may result in imprisonment.
Civil legal mechanisms imply the right of the victim to claim compensation of material and non material damages, inflicted from the violence of the perpetrator.
Administrative legal mechanisms envisage the restriction or prohibition of certain actions of the perpetrator, which is implemented through restraining and protective orders.
Restraining order is an act issued by an authorized police officer to determine interim measures for the protection of a victim of violence and which is submitted/sent within 24 hours to the victim and perpetrator and one copy remains with the issuing agency. The victim or perpetrator may lodge a complaint against restraining order within 3 days from its receipt. The restraining order is effective for the period of 1 month.
Protective order is an act issued by the first instance court (a judge) in an administrative order, which lays down interim measures for the protection of victims of violence. Victim violence as well as family member and/or another person, who provides medical, legal or psychological services to the victim and in case of minor – the guardianship and curatorship bodies upon the consent of the victim have the right to apply to the court for the issuance of protective order. Protective order is effective withing 6 months from its issuance.
State Shelter is established for the victims of gender violence against women, where psycho-social rehabilitation, medical care and legal counseling is provided to the victims.
The Crisis Center is an institution place of temporary placement of alleged victims of violence, which serves to psycho-social rehabilitation, basic and emergency medical care and legal counseling
It is also possible to allow the victim to stay in her/his place of residence and remove the perpetrator from the premises, even if he/she is the owner of those premises.
Together with the public agencies defined by the law (Relevant bodies of Ministry of Interior, investigative agencies, court), the attribution of the status of the victim is ensured by victim identification group, if no procedure for issuance of restraining or protective order are ongoing or no criminal prosecution on domestic violence is conducted. The status of the victim given by the victim identification group is effective for 18 months, and if the victim is placed in the shelter, it is effective during the period of placement in the shelter defined by the law.
If you are the are the victim of violence or possess any information about violence, please within 24 hours call to the hotline for victims of violence at the State Fund for the Protection and Assistance of Victims of Human Trafficking and other victims +995 32 116 006 or 112
Scope of Service
Lega Aid Service provides free legal services to the victims of violence. Legal Aid Service also ensures free legal document drafting and lawyer representation (court representation), if the victim is insolvent.
A person is considered to be insolvent and entitled to use legal services on state’s expense if he/she is a member of a family registered in the unified database of socially vulnerable families, whose socioeconomic index is equal or below 70 000.
In addition, person is considered to be insolvent and has right to use the legal services on the state’s expense in case he/she is a member of a family registered in the unified database of socially vulnerable families, whose socioeconomic index is equal or below 100 000 and belongs to one of the categories listed below:
The legal services can be provided in special circumstances to those people who are not registered in the unified database of socially vulnerable families but due to difficult social-economical condition cannot afford to cover the expenses of legal assistance. This is regulated by the Decision #27 of the Legal Aid Service Board adopted on September 9, 2015. This condition applies to the persons who belong to the following categories: