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Projects / Programmes source: ARIS

Restraining order

Research activity

Code Science Field Subfield
5.07.00  Social sciences  Criminology and social work   

Code Science Field
5.05  Social Sciences  Law 
Keywords
Domestic violence, factors of domestic violence, police, rastraining orders, effectiveness of restraining orders, family murders, protection of victims
Evaluation (rules)
source: COBISS
Researchers (7)
no. Code Name and surname Research area Role Period No. of publicationsNo. of publications
1.  54925  Ana Babnik  Law  Technical associate  2021  11 
2.  34636  PhD Eva Bertok  Political science  Researcher  2021 - 2023  60 
3.  55009  Lara Dular  Law  Junior researcher  2021 
4.  13778  PhD Katja Filipčič  Criminology and social work  Head  2021 - 2023  612 
5.  29615  PhD Mojca Mihelj Plesničar  Criminology and social work  Researcher  2021 - 2023  298 
6.  55956  Manja Skočir  Law  Technical associate  2022 - 2023  26 
7.  55062  Nesa Vrečer  Historiography  Technical associate  2021 - 2022  21 
Organisations (1)
no. Code Research organisation City Registration number No. of publicationsNo. of publications
1.  0504  Institute of Criminology at the Faculty of Law  Ljubljana  5051525000  4,575 
Abstract
Domestic violence is recognized as a social problem only for about 50 years; first, the problem of violence against children was raised by the American paediatricians in the 1960s; a decade later, the women's rights movement raised the issue of violence against women. Since then, various forms of domestic violence have undergone empirical research, which makes the phenomenon better known. Domestic violence received special attention during COVID-19 because measures to prevent the spread of coronavirus reinforced certain factors (such as economic uncertainty, families spending more time together), so the scale of violence increased during this period. An important feature of domestic violence is the large gap between reported and actual violence. Also, because domestic violence is a violation of human rights, the state must effectively prevent violence and protect the victims when violence occurs. This obligation of the state stems from several international documents, the jurisprudence of the European Court of Human Rights and national legislations. In Slovenian legislation, two milestones in dealing with domestic violence are apparent. The first is the introduction of a restraining order under the jurisdiction of the police in 2004, and the second is the adoption of the Domestic Violence Prevention Act in 2008, which introduced a multidisciplinary approach to assisting victims. A fundamental feature of the restraining order issued by the police is the immediate protection of victims; the abuser must be immediately removed from the shared home, and the victim must not be approached at a certain distance. The police issues the measure at their own discretion (ex officio), which means that it does not require victim's proposal. Therefore, it is imperative that all police officers are well aware of the dynamics of domestic violence and thus recognize the need to issue a measure. The research will examine in depth the issuing of a restraining order in the period 2010-2021; we will identify the scope of the issuing, trends, possible differences between police administrations and the different characteristics of the cases in which the police decided to issue this measure (such as gender and age of the perpetrator and victim, forms of violence). We will be particularly interested in the effectiveness of this measure. Foreign literature shows that a breach of a measure (they report it in 40% of cases) is a circumstance most often assessed as an indicator of its effectiveness. Few studies analyze re-reports of violence after the measure expires. The study will examine both aspects of efficacy. We will determine the proportion of breaches of the restraining order and the characteristics of the cases in which the violation occurred. In this way, we will identify those characteristics of cases that indicate the need for even more intensive supervision by the police and the necessity of other authorities for particularly intensive assistance to the victim in order to protect her. We will also be interested in the proportion of perpetrators who commit violence again after the measure has expired, and the same measure has therefore been imposed on them again. When studying the measures issued, we will pay special attention to the period of the pandemic. Research shows that a certain proportion of murders and homicides committed within the family and family-like partner communities result from prolonged violence. This also means that the proper functioning of the institutions could prevent such homicides. Therefore, each such case requires special attention and analysis in order to improve the functioning of the institutions and, if necessary, to change their powers. Therefore, prior dealing of the police and other services connected with violence is of great importance. Other circumstances also influence such a tragic outcome of a violent relationship. Among them is undoubtedly the willingness or the ability of victims (and other persons)
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