Civil liability through the lens of a restraining order: Opportunities for protecting victims of domestic violence

The relevance of this study is driven by the need to improve the legal mechanisms for protecting victims of domestic violence in Ukraine. The aim of this research was to identify the specific features of civil law aspects of protection against domestic violence in Ukraine compared to administrative and criminal law approaches, with an emphasis on the necessity of implementing a systematic approach to safeguarding the rights of victims. A comprehensive methodology was applied in this work, encompassing comparative analysis, examination of current legislation, judicial practice, and legal application in Ukraine. The main findings of the research demonstrated that there are three primary grounds for implementing measures against perpetrators: (1) within the framework of administrative and criminal proceedings, (2) protection of victimsʼ civil rights through civil proceedings, and (3) service-based interventions by the National Police, particularly the issuance of an urgent restraining order. Importantly, these measures are not mutually exclusive and can be applied simultaneously or in parallel. Special attention was given to procedural differences, such as evidence requirements, regulatory frameworks, and the objectives of these measures. It was emphasized that the legal mechanism of a restraining order can be applied in the absence of a legal offense, based solely on the presence of substantiated risks of violations of fundamental human rights, a characteristic more commonly associated with civil law remedies. The study highlighted the importance of civil legislation, which provides mechanisms for protecting victimsʼ rights before they are actually violated, as well as the distinctions between civil, administrative, and criminal consequences of domestic violence. The research established that a restraining order in Ukraine can be considered a form of civil liability (in the broadest sense of the term) aimed at ensuring the safety of victimsʼ rights and freedoms from domestic violence. The practical value of this work lies in creating a scientific basis for improving law enforcement practices and enhancing the protection of individuals suffering from domestic violence through the use of appropriate legal mechanisms tailored to specific situations