Problematic issues of applying an urgent restraining order in cases of domestic and gender-based violence

Even though the current Ukrainian legislation prescribes certain measures to influence perpetrators in cases of gender-based violence, an urgent restraining order is not part of such measures, which requires expanding the powers of the police to issue urgent restraining orders in cases of gender-based violence. The purpose of this study was to outline this problematic issue and to identify the shortcomings in the legal mechanisms for appealing against urgent restraining orders. The research methodology was based on a systematic and comparative analysis of judicial practice, as well as on sectoral interpretation of legal provisions and analysis of judicial acts. It was found that although the legislation defines most people as perpetrators of domestic violence, judicial practice establishes that such persons can be recognised as such only in cases where they are family members of the perpetrator. The absence of evidence of the latter leads to the closure of cases, regardless of the existence of evidence of violence. Thus, the fact that the victim and the perpetrator do not reside at the same address constitutes sufficient grounds for closing the proceedings due to the inability to confirm the personʼs status as a “perpetrator” (due to the absence of the offender as a legal subject of the offense). This is also the case when applying an urgent restraining order: the lack of evidence of a common household between the parties to the conflict deprives the police officer of the possibility of a quick response in the form of an order. Expanding the powers of the police to issue such an order in cases of gender-based violence will address this gap. The other side of the situation was addressed, specifically the lack of proper legal mechanisms for appealing against the order. Since an urgent restraining order is an act of law enforcement, it does not produce legal consequences and cannot be appealed. At the same time, failure to appeal the order may have negative consequences for individuals, including bringing them to justice for violating the order and/ or committing domestic violence. The practical significance of the findings obtained lies in the possibility of using them as an argumentative basis for protecting the rights of citizens, as well as for formulating an initiative to amend the legislation