Assessment of civil court decisions on the issuance of protection orders against perpetrators of domestic violence

Civil court protection orders against perpetrators of gender-based violence, including domestic violence, are a vital element of the justice system’s response to gender-based violence. The civil court protection order system is designed to create safeguards for survivors and their children during times of increased risk. When seeking protection from the court, survivors should encounter a system with competent professionals that focuses on safety and accessibility, and is reliable in terms of issuance and enforcement of orders.

This assessment aims to identify the extent to which survivors utilize the civil court protection mechanism against domestic violence in Ukraine and particularly in the conflict-affected Donetsk and Luhansk regions, and the rate of positive decisions made by civil courts on the issuance of protection orders against the perpetrators. Additionally, it identifies the inconsistencies between the grounds for rejection or granting of a civil court restraining order in Ukraine, and national and international standards pertaining to the protection of victims of domestic violence. The report also provides corresponding recommendations to justice sector actors to enhance the normative framework and guide the judicial practice in this field.

This publication has been produced by UN Women Ukraine in the framework of the United Nations Recovery and Peacebuilding Programme (UN RPP) implemented by four United Nations agencies: the United Nations Development Programme (UNDP), the UN Entity for Gender Equality and the Empowerment of Women (UN Women), the United Nations Population Fund (UNFPA) and the Food and Agriculture Organization of the United Nations (FAO). The Programme is supported by thirteen international partners: the European Union, the European Investment Bank and the governments of Canada, Denmark, Germany, Japan, the Netherlands, Norway, Poland, Sweden, Switzerland, USA and the UK. UN Women conducted this assessment in the frame of the “EU support to the East of Ukraine: Recovery, Peacebuilding and Governance” project funded by the European Union.