Persons who commit acts of domestic violence may be prohibited from contacting victims of domestic violence

In addition to a number of measures to prevent acts of domestic violence and to protect and support victims of domestic violence, the draft law also prohibits contact between the abuser and the abused person. The current law stipulates that when applying a measure of continuing ban, an application must be made.

According to the Minister Nguyen Van Hungmany domestic violence victims are afraid to contact the authorities because they do not know how to present it and are threatened by the abuser if they write or report.

In the new draft law, the Chairman of the People’s Committee of the commune where domestic violence occurs decides to apply the measure of banning contact for no more than 3 days at a time when all conditions are met.

That is: The person experiencing domestic violence, the guardian requests a ban on contact, in case the competent agency or organization requests, the consent of the person experiencing domestic violence must be obtained. Domestic violence acts that harm or threaten to harm the health or life of the person experiencing domestic violence. In the case of children, the application of measures to prohibit the person committing acts of domestic violence from contacting children shall comply with the provisions of the law on children.

Persons banned from contact must keep their distance from those who are affected domestic violence During the period of application of the no-contact measure from 50m or more, in case there is a barrier to ensure the safety of the person experiencing domestic violence, the minimum distance shall not be applied.

According to the drafting agency, this amendment and supplement is to ensure respect for the rights of people experiencing domestic violence, and to reduce administrative procedures for “writing a petition”.

Examining this regulation, the Social Committee found that it was necessary to amend the regulations on the contact ban measure to overcome the shortcomings and limitations in the implementation of this measure.

In addition, the process of law-making and monitoring practice of the Social Committee shows that the measures to handle administrative violations against domestic violence offenders are not very effective. In some cases that have the opposite effect, such as fines for domestic violence offenders, in fact, in many cases, domestic violence victims have to take money from the family to pay fines. ), requires appropriate, deterrent and educational measures.

Therefore, the Committee proposed the drafting agency to study and supplement the draft Law on measures to “implement activities for the benefit of the community”.

How do countries deal with abusers?

In Australia, when applying the no-contact measure, the person who commits domestic violence is the person who has to leave the house in case the person experiencing domestic violence chooses to live in their own home. According to the Ministry of Culture, Sports and Tourism, our country currently does not clearly regulate this, leading to the law enforcement process, the person who has to leave the house is the person experiencing domestic violence.

The application of strong measures to prevent domestic violence is also implemented by New Zealand. The country gives police the power to issue safety orders if necessary to protect victims of domestic violence. In cases where it is for the safety of the person experiencing domestic violence, the police can issue a safety order without the consent of the person experiencing domestic violence. On the other hand, the New Zealand police can detain a person who commits domestic violence for no more than 2 hours for verification and investigation.

In Korea, after the competent authorities receive reports and denunciations about violent acts, investigators will immediately go to the scene of domestic violence cases. During the investigation and verification of the case, the investigator is responsible for taking necessary measures, including separating the victim of domestic violence, informant, whistleblower, witness, etc. . from the subject of violence.

In the UK, the senior police issue a warning to people who commit domestic violence as a basis for handling if they commit violence again. A person who commits domestic violence after receiving a police report, if he continues to commit domestic violence, will be arrested without an arrest warrant.

In Malaysia, the social welfare officer issuing an emergency protection order will send a copy of the order to the police officer of the district where the perpetrator of domestic violence resides or any other police officer under that person’s command. The police are responsible for the immediate implementation of this decision.

Tran Thuong

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