Law against domestic violence becomes tougher, free assistance for violated women

 By Sonila Isaku

Brikena was one of those violated women, who, as a result of poverty and the fact that she could not pay a lawyer, had to withdraw her charges against her violent husband. But the case of Brikena from Burrel is not the only one. Similar cases have also been identified in other cities, where women, who are unable to find a lawyer, have withdrawn their charges and continue to live with their violent husbands.

In front of this situation, the ministry of Health and Social Protection has launched an incentive to amend the law and one of the main points of  these amendments is the provision of legal free aid for families suffering domestic violence. According to the new amendments which have been proposed, the restraining order will be issued at once and the violator will have his right of appeal revoked. The court will issue the restraining order within a period of 15 days, while now, children will also be protected through the restraining order. The incentive for these legal amendments came as a result of growing domestic violence. In the first nine months of the year alone, there have been 3400 cases of violence, where 1940 of them requested a restraining order. Unfortunately, 11 people, 8 of which were women, lost their lives.

The new legal changes stipulate clear procedural deadlines, starting with the procedures that will be followed in appealing a court order so that the restraining orders come out without any delays and protect the victim from any imminent threat. Another proposed amendment relates to the fact that the court will have to decide on issuing a restraining order no later than 15 days after the request has been filed. Meanwhile, according to another amendment that was proposed: “The employees of each institution responsible for protecting victims of domestic violence will be fined (fines vary from 50 to 100 thousand lek) in case they do not issue the victim with the necessary evidence needed to obtain the restraining order”. According to the new bill, victims of domestic violence will receive free legal aid from the Bar Association and the State Aid Commission.

What are the amendments of the law?

1-Free legal aid

2-The fee for legal expertise is lifted

3-Outright restraining order

4-The violator is revoked his right to appeal the restraining order

5-Children too will be protected by the restraining order

6-The court must issue the restraining order within 15 days