Violence against women and domestic violence in relation to the Istanbul Convention

• Author: Davulis, Tomas
• Pages: 48-49

48

10 Violence against women and domestic violence in relation to the Istanbul

Convention

10.1 General (legal) context

10.1.1 Surveys and reports on issues of violence against women and domestic violence

There are no surveys concerning the issue.

10.1.2 Overview of national acts on violence against women, domestic violence and issues

related to the Istanbul Convention

The key legal act which aims to protect persons from domestic violence (which due to its

harm to society is classified as an a ct of public interest), to react quickly to the threat, to

take preventive measures, to apply protective measures and to provide appropriate

assistance, is the Law of the Republic of Lithuania on Protection from Domestic Violence.62

This law defines the concept of domestic violence, defines the rights and respon sibilities

of those involved in domestic violence, the im plementation of preventive measures, the

provision of assistance in cases of domestic violence and the application of safeguards to

a victim of violence.

Once the fact of domestic violence has been recorded, a pre-trial investigation is launched,

whether or not the victim has received a complaint. Family members perpetrating

domestic violence can be immediately detained for 48 hours. During this period, the court

is asked to order further protection measures. The law imposes several obligations on the

perpetrator: to temporarily move out of the place of residence or not to approach,

victimise, or maintain contact with the victim. Wh ere there is an obligation to leave the

place of residence temporarily, the perpetrator must leave.

Domestic abusers are subject to criminal liability. The sanctions consolidated in Article 145

of the Criminal Code (Threatening to Kill or Seriously Disturb a Person's Health or

Terrorising a Person), Article 140 of the Criminal Code (Causing Physical Pain or Minor

Health Impairment), Article 138 of the Criminal Code (Slight Health Impairment) may be

applied.

A perpetrator who has caused damage to human health, property, environment and non-

pecuniary damage must compensate the person who has suffered the violence.

Where there is insufficient evidence to immediately initiate a pre-trial investigation and

clarify the circumstances of th e incident, the police offic er involved shall, within 24 hours

of receiving the report, conduct an assessment of the risks of domestic violence and

impose protective interim measures. The f ollowing interim measures may be taken to

ensure protection for the victim:

(1) an obligation for the perpetrator to leave his/her place of residenc e temporarily if

he/she is living with the person who has been the victim of violence;

(2) an obligation for the perpetrator not to approach, interact or seek con tact with the

person who has suffered the violence.

10.1.3 National provisions on online violence and online harassment

No specific provisions can be mentioned.

62 Valstybs žinios 2011, No. 72-3475.