The court issued the first decision under the new law on domestic violence

Суд вынес первое решение в рамках нового закона о домашнем насилии

The court issued the first decision under the new law on domestic violence
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The brawler has been evicted from the apartment and forbidden to approach the victim.

February 1, Kivertsi district court of the Volyn region has issued its first decision under the new law “On prevention and counteraction to domestic violence”. It entered into force on 4 January 2018, following the President’s signature. The law provides for the adoption of urgent measures for protection from family brawlers, up to their eviction from the apartment and a restraining order.

In Kivertsi district court of the Volyn region asked the man, who lives in the apartment together with her son, his wife and their two children. A man complained that his son beats up both himself, and his wife, also he was not working and abusing alcohol.

Rowdy earlier repeatedly brought to administrative responsibility, but did not stop beating his father and wife. In this regard, the court issued a restrictive order under which the parents are forbidden to live in the apartment with his father, to approach him more than 100 meters and try to write him, to call or to transmit messages through a third party. Restrictive order issued five months with possibility of extension.

A police officer can evict the rowdy out of the apartment

Restrictive injunction is one of two principally new measures to combat domestic violence. It can only be issued by the court. A restrictive order is issued for a period from one to six months with possibility of extension for a period not exceeding six months.

The second measure prescribed in the new law – term banning order. It can issue a police officer to immediately stop domestic violence and to eliminate danger to life. According to this document, the offender may be required to leave the residence, to forbid you to approach the casualty and in contact with it. The validity of such a ban can be up to 10 days. That is, the police who came to the call, assessing the situation and weighing all the risks, was able to issue a banning order.

According Yurliga, a new law on domestic violence gives the victim priority over the property rights to housing. Part 3 of article 25 of this law provides for the possibility to evict a rowdy, even if the apartment belongs only to him. But this is possible, provided that such housing is a common place of residence of the injured person and the offender. If the brawler refused to move out, the police can use force.

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