Protective orders may be requested by individuals and legal entities that require protection of their rights and legitimate interests.
The prevention of domestic violence is one of the pressing issues that receives significant attention, including through the establishment of measures and mechanisms for preventing domestic violence at the legislative level.
One of the effective preventive and restraining measures against the unlawful behavior of domestic aggressors is the application of protective orders by law enforcement agencies.
According to Article 31 of the Law of the Republic of Belarus "On the Basics of Activities for the Prevention of Offenses," a protective order is the establishment of temporary prohibitions on certain actions and obligations for a citizen who has committed domestic violence, aimed at protecting the life and health of the victim of domestic violence.
A protective order may be applied to a citizen who has committed domestic violence and in relation to whom preparations are being made for the consideration of a case of administrative offense for intentional infliction of bodily harm and other violent actions, or for violation of the protective order, or an inspection is being conducted in accordance with the requirements of criminal procedural legislation, or a criminal case has been initiated for a crime against life and health, sexual inviolability or sexual freedom, or personal freedom, honor, and dignity.
A protective order may prohibit the citizen to whom it is applied from attempting to ascertain the whereabouts of the victim of domestic violence, visiting the locations of the victim of domestic violence if that victim is temporarily outside the shared residence or place of stay, or communicating with the victim of domestic violence, including by phone, using the global computer network Internet, as well as disposing of jointly owned property with the victim of domestic violence.
The prohibitions and obligations provided for by the protective order are established for a period of up to 15 days from the moment the order is announced to the citizen to whom it is applied. By agreement with the prosecutor, the duration of the protective order may be extended up to 30 days.
For violation of the protective order, administrative liability is provided for under Part 2 of Article 10.1 of the Code of Administrative Offenses, and the individual may be subjected to administrative penalties in the form of a fine of up to 10 basic units, or community service, or administrative arrest.
Senior Assistant Prosecutor
of Braslav District E.S. Isakova