Amendments to the law submitted that will allow abusers to be separated without a victim’s application

The Ministry of the Interior has submitted to the Cabinet of Ministers amendments to the law “On Police”, which will stipulate that henceforth the police will have the right to separate an abuser without an application from the protected person. In cases where there is a threat that a person who is in or near a dwelling may cause harm to the life, liberty or health of the protected person, the police will ensure, without a written application, that the person posing the threat is separated from the protected person.

“We have very often heard stories about families in which violence continues for a long time because the victim lives in fear that things will become even worse after filing an application with the police. The police return to these homes countless times—yet without an application from the victim or the person at risk, their options for action are limited. Unfortunately, the victim’s relatives and friends are often powerless as well, witnessing violence that does not end. These amendments will enable the police to act and break this cycle of violence,” said Minister of the Interior Marija Golubeva.

Amendments to the Civil Procedure Law, the law “On Police”, the Protection of the Rights of the Child Law and the Orphan’s and Custody Courts Law already entered into force on 31 March 2014. These amendments introduced the institution of temporary protection against violence, providing persons who have suffered violence and stalking with the opportunity to apply to a court on their own initiative, including through the police, and ask the court to impose restrictions on the violent person.

These amendments will supplement police officers’ powers with the right to take a decision on separation, obliging the person posing the threat to leave the dwelling where the protected person permanently resides. A police officer will have the right to take a decision on separation based on an assessment of the risk of threats of violence, without a written application from the protected person.

The implementation of this regulation will not require additional resources, increase the workload of police officers or have a financial impact on the state and local government budgets.

Author:

Adviser to the Ministry of the Interior on strategic communications

Ministry of the Interior

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