In what cases does the Court apply the measure of prohibition from contact to individuals who commit acts of domestic violence?
In what cases does the Court apply the measure of prohibiting contact between the victim of domestic violence and the person committing domestic violence?
Pursuant to Clause 2, Article 2 of the Law on Domestic Violence Prevention and Control 2022, the following is specified:
Explanation of terms
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2. Prohibiting contact is a measure to prevent the person committing domestic violence from approaching the victim or using means and tools to carry out domestic violence acts.
Prohibiting contact means preventing the perpetrator from approaching the victim or using means and tools to commit acts of domestic violence.
Pursuant to Article 26 of the Law on Domestic Violence Prevention and Control 2022, it is stipulated as follows:
Prohibiting contact by Court's decision
1. The People's Court handling or resolving a civil case between the victim of domestic violence and the perpetrator decides to apply the measure of prohibiting contact for a period not exceeding 04 months when the following conditions are met:
a) The act of domestic violence causes or threatens to cause harm to the health or threatens the life of the victim;
b) There is a request from the victim of domestic violence or the guardian, legal representative of the victim, or competent authorities, organizations, or individuals.
In cases where a competent authority, organization, or individual submits a request, the consent of the victim or their guardian, or legal representative is required.
The Court will prohibit contact for a period not exceeding 04 months in cases of:
- The act of domestic violence causes or threatens to cause harm to the health or threatens the life of the victim.- There is a request from the victim of domestic violence or the guardian, legal representative of the victim, or competent authorities, organizations, or individuals.
Note: In cases where a competent authority, organization, or individual submits a request, the consent of the victim or their guardian, or legal representative is required.
In what cases does the Court apply the measure of prohibiting contact between the victim of domestic violence and the person committing domestic violence?
How is the Court's prohibition on contact between the perpetrator and the victim stipulated?
Pursuant to Article 26 of the Law on Domestic Violence Prevention and Control 2022, the Court's prohibition on contact between the perpetrator and the victim is carried out as follows:
- The People's Court handling or resolving a civil case between the victim of domestic violence and the perpetrator decides to apply the measure of prohibiting contact for a period not exceeding 04 months.- The People’s Court handling or resolving a civil case between the victim and the perpetrator may on its own initiative issue a contact prohibition order for a period not exceeding 04 months when necessary to protect the life of the victim.- The prohibition order takes effect immediately upon signing and is sent to the perpetrator, the victim, the Chairman of the Commune People's Committee, the Head of the Commune Police, the Head of the Village, the Head of the Residential Group where the victim resides, and the People's Procuracy of the same level.- The court shall revoke the contact prohibition order stipulated in Clause 1, Article 26 of the Law on Domestic Violence Prevention and Control 2022 if there is a request from the victim or their guardian, legal representative, or competent authorities, organizations, or individuals.- The court shall revoke the contact prohibition order stipulated in Clause 2, Article 26 of the Law on Domestic Violence Prevention and Control 2022 when it deems that the measure is no longer necessary.- In cases of family weddings, funerals, or other special circumstances where the perpetrator needs to contact the victim, the perpetrator must inform the assigned supervisor and commit to ensuring that no domestic violence occurs.- The authority, procedures, and process for applying, changing, and revoking the contact prohibition measure stipulated in this Article shall be carried out in accordance with the provisions of the Civil Procedure Law.
How is the supervision of the implementation of the contact prohibition order stipulated?
Pursuant to Article 27 of the Law on Domestic Violence Prevention and Control 2022, the supervision of the implementation of the contact prohibition order is stipulated as follows:
- The Commune Police shall coordinate with the Village Head, the Head of the Residential Group, and relevant local organizations to supervise the implementation of the contact prohibition order and assign a person to supervise the implementation of the order.- The assigned supervisor is responsible for monitoring the implementation of the contact prohibition order. When detecting a violation of the order by the perpetrator, the supervisor has the right to require the perpetrator to strictly comply with the order; if the violation continues, the supervisor shall report to the Head of the Commune Police for handling according to law.- In cases where the perpetrator is allowed to contact the victim as stipulated in Clause 7, Article 25 of the Law on Domestic Violence Prevention and Control 2022 and Clause 6, Article 26 of the Law on Domestic Violence Prevention and Control 2022, other family members shall be responsible for supervising to ensure that no domestic violence occurs.
The Law on Domestic Violence Prevention and Control 2022 will be effective from July 01, 2023.
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