Bill for Protection Againts Domestic Violence in the Czech Republic

Since January 1, 2007 there is the bill for protection against domestic violence which was elaborated by the group of experts in Bily kruh bezpeci in previous years.

BILL OF THE LAW FOR PROTECTION AGAINST DOMESTIC VIOLENCE

The bill stems from the rules, which exist in countries the legal culture and other societal characteristics of which are similar to ours. Especially the Austrian model was inspiration.
The bill has been compiled neutrally regardless who is the perpetrator and who is the victim whether the woman or man. It bases on general characteristics of domestic violence – repetition and escalation of the severity of violent behaviour, which is targeted against life, health, freedom and dignity in the home of the violent person and the victim.
Threatened person usually needs immediate reaction and effective intervention including stopping violence. Therefore the bill combines social and legal measures. It is assumed that police, justice and social services will be used.
The emphasis on prevention of domestic violence is a significant feature of the bill. It has been so far possible to intervene in domestic violence cases only in the moment of serious attack and injuries – the essence is repressive measures.

The starting pint of the bill is enabling intervention in intimate relationship where there is abuse going on so that the violent person is banished from their house for reasonable time. The attacked gains time to clear the situation out without psychical or other pressure and make plans.

Three pillars of hope:

1. police intervention which should first of all promptly stop the violence and at the same time to decide about temporary banish of the attacker from the house (it is necessary to be able to prove previous attacks and suppose attacks will go on)
- concrete policeman has the competence to make the decision
- the restraint order will last 10 days

2. support from intervention centres
– psychological, social, legal and other needed support

3. civil solution:
- precaution consisting also in banishing the assaulter from the house
- restriction to come back to the house
- prohibition to mix in (this prohibition would last 1 month with the possibility of court prolonging)

Decision abuse will be prevented by:

- thorough training of policemen and other professionals who solve similar incidents
- implementing diagnostic methods which help to assess real risk of violent threats in concrete case
- database of information on the base of which police will be able to make the decision about possible restraint order
- solution on trial in civil eventually criminal procedure which follows police procedures
- threat of criminal sanction of the police as well as victims in case they use untrue information in order to cause their partner is banished from the house

Source: Petra Vitoušová, František Púry