pruh+znak_PF_13_gray5+fialovy_RGB PF_PPT_en CZECH FAMILY LAW VI. LAW AGAINST DOMESTIC VIOLENCE © Radovan Dávid, 2015 www.law.muni.cz PF_PPT_nahled PF_PPT_en2 2 Domestic Violence nThe legal questions of domestic violence are relatively new, but it is impossible to think that domestic violence is only problem of last tens of years. nThere are a lot of non-legal definitions. nThere is not any legal definition in the Czech Republic www.law.muni.cz PF_PPT_nahled PF_PPT_en2 3 Definition of domestic violence nUS Office on Violence against Women: nDV is abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner and should be perceived as physical, mental, sexual, emotional, psychical and economical abuse of person nCzech association “Bily kruh bezpeci”: nDV includes all kinds of physical, sexual and psychological violence within all kinds of intimate relationships n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 4 Abuse nPhysical abuse is defined as “hitting, slapping, shoving, grabbing, pinching, biting, hair-pulling, biting, etc., it also includes denying a partner medical care or forcing alcohol and drug use.” nSexual abuse means “coercing or attempting to coerce any sexual contact or behavior without consent.” Sexual abuse “includes, but is certainly not limited to marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.” nEmotional abuse is defined as “undermining an individual's sense of self-worth or self-esteem.” nEconomic abuse is “making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding one's access to money, or forbidding one's attendance at school or employment.” nLast but not least is the psychological abuse that includes “causing fear by intimidation, threatening physical harm to self, partner, children, or partner's family or friends, destruction of pets and property; and forcing isolation from family, friends, or school and work. www.law.muni.cz PF_PPT_nahled PF_PPT_en2 5 Definition nCity of Seattle Human Services Department's Domestic and Sexual Violence Prevention Office: nDV is when one person tries to take control over another by using acts of intimidation, threats, sexual assault, stalking, controlling money or bank accounts, and other violent behaviors. It can be dangerous when one person tries to control others this way (irrespective of marital status) www.law.muni.cz PF_PPT_nahled PF_PPT_en2 6 Common Features nThe common features of the definitions are ndomestic violence is abusive behavior of more powerful person irrespective of its essence nthe violated person may be anyone regardless of his relation to the violator nit may be husband, boyfriend or girlfriend, parent, child, sibling etc nit is also problem of all social classes or communities. www.law.muni.cz PF_PPT_nahled PF_PPT_en2 7 Protection in the Czech Republic nAct on Special Court Proceedings nPolice Act nCriminal Code www.law.muni.cz PF_PPT_nahled PF_PPT_en2 8 Protection in the Police Act nWe have to respect that the main aim of police service is to protect the whole society, in the view of the public law nThe interests protected by police are not as same as the rights and interests protected by private law nThe Police provides the public interest in protection of society against any kinds of violence like crimes and trespasses nThe Police sets up the legal relation between state and the violator with the right of state to prosecute the violator and the duty of violator to obey the law. www.law.muni.cz PF_PPT_nahled PF_PPT_en2 9 nIf police finds out that the assault is real and its repeat is imminent, the violator may be banish from the common dwelling for the period of ten days (no approval acquired) nIn these cases the violator is only entitled to take his own items for personal use nIn the next ten days the violator is not eligible to enter the common dwelling or contact violated person (the violator has to commit his keys to police) nThe banishment by police is conceived as a final decision www.law.muni.cz PF_PPT_nahled PF_PPT_en2 10 Protection in the Act on Special Court Proceedings nThe main aim of Czech civil procedure law is to protect rights and interests statutory regulated in the Civil, Commercial, Family and Labor Codes nIt also regulates the relations between subject of law, but only in the sphere of procedural law nThe relations within the sphere of substantive law are based on the autonomy of will, but the conflicts may be solved only on trials (by the civil courts) www.law.muni.cz PF_PPT_nahled PF_PPT_en2 11 nThe courts in the Czech Republic are competent to deliver a preliminary ruling nThe preliminary ruling is regulated by Czech Civil Procedure Code that sets rules for its application: “if it is necessary to regulate provisionally the relationships of the participants or if there is a danger that the enforcement of a judicial decision could be jeopardized“ n www.law.muni.cz PF_PPT_nahled PF_PPT_en2 12 nA preliminary measure (in general) may command that the violator is obliged not to enter the common dwelling and not to contact the violated person, irrespective the form of this contact nBut the court is also entitled to set other legal duties nOnce the violator is banished form the common dwelling, he is not entitled to enter the dwelling and contact the violated person for the period of one month nThis period may be connected with other proceedings that may begin by the action or another petition of the violated person nBy this connection the period may be prolonged up to six months. www.law.muni.cz PF_PPT_nahled PF_PPT_en2 13 Protection in the Criminal Code nCzech Criminal Code defines a lot of crimes that are connected with the problem of domestic violence nIn relation to preliminary rulings and banishment by the police the Criminal Code sets the regulation of crimes of obstructing of authoritative decision nIn relation to protection of subjective interests of the violated person it defines crimes of violation against individuals or community, maltreatment, bodily harm, subjugation or duress nThe violator should be sentenced for these crimes to imprisonment for in duration up to six years www.law.muni.cz PF_PPT_nahled PF_PPT_en2 14 Conclusion nThe domestic violence is a world-wide problem which covers all spheres of people’s live nIts main problem is that “it not only affects those who are abused, but also has a substantial effect on family members, friends, co-workers, other witnesses, and the community at large. Children, who grow up witnessing domestic violence, are among those seriously affected by this crime. Frequent exposure to violence in the home not only predisposes children to numerous social and physical problems, but also teaches them that violence is a normal way of life - therefore, increasing their risk of becoming society's next generation of victims and abusers.” nWith regards to these negative affections the law is one of many instruments that are able to remove these obstacles nBut, we have to respect the fact that the law is instrument solving only actual cases of domestic violence. Its preventive function cannot affect the thinking of violators. Because of that the law has to regulate the disturbed relations between relatives only in cooperation with theories of other social sciences.