Domestic violence is frightening and challenging. In such situations, victims may struggle to articulate their experience, or they might refrain from coming forward and seeking help out of fear that their abuser may hurt them even more.
Professional and confidential assistance and legal advice are necessary to limit the damage the situation may have on a client's private and professional life, and on their children or dependents.
In Cyprus, filing a police report or an injunctive relief in court might be the best option to help break the cycle of violence. The law in Cyprus that protects victims and condemns abusers is the Domestic Violence (Victim Prevention and Protection) Law 2000.(1)
Injunctive court orders will prohibit the other party from contacting a client, and, in Cyprus, these can be issued confidentially within a few days. The purpose of issuing an injunctive court order is mainly to protect the victim. The process of obtaining such an order is very simple. However, the court needs to be satisfied that it is vital to grant one. The court may issue an interim order for the inhibition of the suspect or for the removal of the minor victim until the filing and determination of a criminal case against the defendant who has been charged with the criminal offence of violence. The court may issue such an interim order upon application by:
- a member of the family;
- the police;
- the prosecutor; or
- a family counsellor or another person acting on their behalf.
Further, the application must be accompanied by an affidavit sworn by the victim, or, in the case of a minor victim, by any other person who has direct knowledge of the facts therein stated or by any other evidence that proves the use of violence, including:
- statements (in any form) by the victim or others;
- certificates; and
- confirmations.
For further information on this topic please contact Christos Kastanias, Evripidis Michaelides or Ioanna Martidi at A G Paphitis & Co by telephone (+357 25 73 10 00) or by email ([email protected], [email protected] or [email protected]). The A G Paphitis & Co website can be accessed at www.agplaw.com.
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