Access to victims of domestic violence before the institutions responsible
I. Domestic violence
In Albania the data on the prevalence of the phenomenon of domestic violence continue to be limited. According to official statistics in Albania 56% of women have experienced at least once domestic violence, while 13% of crime and violence crime voice. In 2006, the Albanian Parliament approved the law no. 9669 "On measures against violence in family relations" law, which takes in protection of domestic violence victims through rapid procedures and no cost (free). For the first 6 months of 2011, the District Court of Tirana are 182 application filed suit for issuing orders of protection / emergency protection orders.
From a gender perspective, the abused member of the family turns out to be a woman. Of the 182 lawsuits filed application to the Court in 2011, in 163 cases plaintiffs are women and only in 19 cases claimants are men. So in 90% of cases the plaintiff (victim of domestic violence) is a woman, and only in 10% of cases, the man is the plaintiff. In total 54 cases of abused woman has received protection through a court decision while men have benefited from protection orders only in 6 cases, of these only two cases the perpetrators are wives while in 4 other cases abusers are other family members such as children or brothers.
In Albania the data on the prevalence of the phenomenon of domestic violence continue to be limited. According to official statistics in Albania 56% of women have experienced at least once domestic violence, while 13% of crime and violence crime voice. In 2006, the Albanian Parliament approved the law no. 9669 "On measures against violence in family relations" law, which takes in protection of domestic violence victims through rapid procedures and no cost (free). For the first 6 months of 2011, the District Court of Tirana are 182 application filed suit for issuing orders of protection / emergency protection orders.
From a gender perspective, the abused member of the family turns out to be a woman. Of the 182 lawsuits filed application to the Court in 2011, in 163 cases plaintiffs are women and only in 19 cases claimants are men. So in 90% of cases the plaintiff (victim of domestic violence) is a woman, and only in 10% of cases, the man is the plaintiff. In total 54 cases of abused woman has received protection through a court decision while men have benefited from protection orders only in 6 cases, of these only two cases the perpetrators are wives while in 4 other cases abusers are other family members such as children or brothers.
But what is considered domestic violence?
Law no. 9669 "On measures against violence in family relations" defines violence as "any act or omission of a person against another person that results in violation of the physical, moral, psychological, sexual, social and economic, committed between persons who are or have been in family relationships ".
Violence occurs in several forms ranging from psychological violence (which consists of shouting, insults, intimidation, threats) which is the most frequent form of abuse, physical violence (which appears in the form of beating, shooting, bite, bite , pushing, choking, burning, kicking, etc.), sexual violence (which has to do with the obligation to unwanted sexual intercourse by a partner) economic violence (which includes prohibition to use wages, withholding money buy food, medications, preventing partner to work, coercion to leave the apartment, etc.).
Where can I go if I am a victim of domestic violence?
You can contact the Police Station nearest which will suit you meet a requirement to bringing the case to court or your complaints initiate proceedings for prosecution of perpetrators at Health Centres which will assist you with psychological service medical, and will equip you with the medical report, LGUs, which will offer you different services, which is the court issuing the order of protection through a court, governmental organizations which provide various legal services, psychological , medical.
Persons who patronizes the law?
The law makes the protection of all persons who have been raped by a member or former member of a family. Here we can mention the spouses or former spouses, cohabitants, brothers, sisters, parents against children and children (the children of spouses / bashkëjetuesve and adopted children) to parents, in-law / mother-in relation to the bride / groom, kunetërit (if they lived together last 3 months). You can ask for protection for yourself and for your children if they feel threatened by the actions of violent parent.
As the law protects me?
Is the court that decides protective measures (among other measures, the court shall order the respondent to not harass, contact with the victim, the perpetrator away from the apartment, put the victim in the shelter, Seize gun violators, turns the victim into the apartment if it is removed violence, etc.) for victims of domestic violence through a fast procedure. To provide safeguards against the victim of domestic violence court issues two types of prescriptions, emergency protection orders (when the perpetrator risk immediate and direct security, health, or welfare of the victim, so he issued within 48 hours for adults and within 24 hours for minors) and protection orders (immediate danger is not so hearings held within 15 days of the request). A protection order is a maximum of 1 (one) year, eligible shtyrjeje.Urdhëri emergency protection is temporary as it is issued for a fixed term and must be confirmed in a further session, which makes it the protection order.
Does my husband would go to jail if I violate?
With the recent amendments to the Criminal Code of Law no. 23/2012, for some amendments to Law no. 7895, dated 27.01.1995 "The Penal Code of the Republic of Albania", as amended, domestic violence is classified as a criminal offense predicting severe punishments for perpetrators of this crime. So beating, threatening and easy wounding intentionally committed by family members (spouse, former spouse, cohabitant or former cohabitant, sex near or close affinity with the offender) are works that will be punished only imprisonment, as for them not punishable by a fine.
The relationship between the law "On Measures Against Violence in Family Relations" and the Criminal Code, in relation to issues of domestic violence
Law "On Measures against Domestic Violence" is a civil administrative law which aims to parandalojw domestic violence and not to punish its perpetrators. While the Criminal Code is an organic law which aims sentence offenders and in case of domestic violence.
These two laws are not inconsistent with each other instead of the complete framework of handling a case of violence.
Regarding whether criminal offenses under Article 130 / Penal Code "Domestic Violence" will be pursued or upon complaint of the injured (Article 284 of the Criminal Procedure Code) can be said that this work can not be traced primarily by the procedure but only the complaint of the injured. So far a victim of domestic violence choice if you want to perform appeal and consequently the perpetrator be prosecuted or simply require the issuance of a protection order and issue only be addressed in civil terms. But there is also the possibility that victims of domestic violence require simultaneously the issuance of an order of protection and prosecution of perpetrators, in both trials to be conducted in an independent manner but basically both aimed at supporting victims of domestic violence.
Since the prosecution of perpetrators begins with the complaint of the victim of domestic violence and not primarily by the procedure, the withdrawal of the complaint can be performed at any stage of the proceedings. An appeal can be performed in the prosecutor or the judicial police by means of a statement, personally or through a special representative. In this context, the completion of the criminal justice process author (perpetrator) can be found guilty and consequently be punished for the offense of beating with imprisonment up to 2 years, the threat of imprisonment up to 3 years and deliberately easy plogosje imprisonment up to 5 years. As if the offender is a recidivist for these offenses punishable with imprisonment from one year to five years. ".
Also there is a possibility that the perpetrator be prosecuted even when violates the court's decision to issue an order of protection. So as to obtain the court order of protection, and during this period the offender violates a protection order then denounce the police immediately event taking with them a copy of the order issued by the court. The abuser may be sanctioned in accordance with Article 320 of the Penal Code for "obstruction in the execution of judgments" and can be fined or punished by imprisonment up to two years.
New Criminal Code under the domestic violence is also article 121 / a "persecution" section that treats the first issue of intimidation or harassment of a person through repeated actions, with the intention to cause a state persistent and severe anxiety or fear for personal safety, or to force him to change his way of living, in particular in this article provided the qualifying circumstance, being located in a separate paragraph and exacerbating the degree of punishment with a third of the sentence imposed, the case when this is done by ex-husband, former cohabitant, or person who had the spiritual connection with the injured.
What are the steps to follow if you seek refuge from domestic violence?
Reporting of violence to the police station nearest health center, local government unit (municipality, commune);
Completion of the petition by the station, local government units, non-governmental organization, or a lawyer;
Filing of petition in court (court of the country where you are currently, despite your location) or complain to the prosecutor or the judicial police;
Hearings will be held within 48 hours (in case of an emergency protection order) and 15 days (in the case of an order of protection) from the deposition of petition. You will be notified (by phone) for the time of the hearing. Please note that should go on time after a small delay can bring to dismiss the case.
At the hearing you will give your explanations and present evidence that may have available (family certificates, police reports, medical reports, evaluation reports psychosocial, witnesses etc.) It is very important that you convince the court that you are a victim violence and for this you must submit evidence mentioned above, but also to provide details of incidents occurring. If possible take a picture of the wounds caused by the violence and take with you to the hearing any evidence that you posedoni.Në same session will be issued a protection order or emergency protection order, the decision of the court.
If we get an emergency protection order, you must report back to the court after about 20 days (the date is specified in the decision of the emergency protection order) to develop a further session which will certify the order of immediate protection, confirming it for a longer period of time, up to one year. In this session will be to present the available evidence, in order to convince the court to have suffered violence.
Can seek divorce court hearing the order of protection?
Not after the dissolution of marriage (divorce) and the issuance of an order of protection are two judicial processes independent of each other, so you can not ask for a divorce in the process of issuance of the order of protection. However, most victims of domestic violence seek divorce, so you can search simultaneously dissolve the marriage by filing another application, which will be launched in parallel with the order of protection, the process of divorce.
If you are affected by violence, and you need assistance, contact:
Tel: ++ 355 4 2 400 712
Tel: ++ 355 4 720 0367
Mobile: 067 407 311 0
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
The law makes the protection of all persons who have been raped by a member or former member of a family. Here we can mention the spouses or former spouses, cohabitants, brothers, sisters, parents against children and children (the children of spouses / bashkëjetuesve and adopted children) to parents, in-law / mother-in relation to the bride / groom, kunetërit (if they lived together last 3 months). You can ask for protection for yourself and for your children if they feel threatened by the actions of violent parent.
As the law protects me?
Is the court that decides protective measures (among other measures, the court shall order the respondent to not harass, contact with the victim, the perpetrator away from the apartment, put the victim in the shelter, Seize gun violators, turns the victim into the apartment if it is removed violence, etc.) for victims of domestic violence through a fast procedure. To provide safeguards against the victim of domestic violence court issues two types of prescriptions, emergency protection orders (when the perpetrator risk immediate and direct security, health, or welfare of the victim, so he issued within 48 hours for adults and within 24 hours for minors) and protection orders (immediate danger is not so hearings held within 15 days of the request). A protection order is a maximum of 1 (one) year, eligible shtyrjeje.Urdhëri emergency protection is temporary as it is issued for a fixed term and must be confirmed in a further session, which makes it the protection order.
Does my husband would go to jail if I violate?
With the recent amendments to the Criminal Code of Law no. 23/2012, for some amendments to Law no. 7895, dated 27.01.1995 "The Penal Code of the Republic of Albania", as amended, domestic violence is classified as a criminal offense predicting severe punishments for perpetrators of this crime. So beating, threatening and easy wounding intentionally committed by family members (spouse, former spouse, cohabitant or former cohabitant, sex near or close affinity with the offender) are works that will be punished only imprisonment, as for them not punishable by a fine.
The relationship between the law "On Measures Against Violence in Family Relations" and the Criminal Code, in relation to issues of domestic violence
Law "On Measures against Domestic Violence" is a civil administrative law which aims to parandalojw domestic violence and not to punish its perpetrators. While the Criminal Code is an organic law which aims sentence offenders and in case of domestic violence.
These two laws are not inconsistent with each other instead of the complete framework of handling a case of violence.
Regarding whether criminal offenses under Article 130 / Penal Code "Domestic Violence" will be pursued or upon complaint of the injured (Article 284 of the Criminal Procedure Code) can be said that this work can not be traced primarily by the procedure but only the complaint of the injured. So far a victim of domestic violence choice if you want to perform appeal and consequently the perpetrator be prosecuted or simply require the issuance of a protection order and issue only be addressed in civil terms. But there is also the possibility that victims of domestic violence require simultaneously the issuance of an order of protection and prosecution of perpetrators, in both trials to be conducted in an independent manner but basically both aimed at supporting victims of domestic violence.
Since the prosecution of perpetrators begins with the complaint of the victim of domestic violence and not primarily by the procedure, the withdrawal of the complaint can be performed at any stage of the proceedings. An appeal can be performed in the prosecutor or the judicial police by means of a statement, personally or through a special representative. In this context, the completion of the criminal justice process author (perpetrator) can be found guilty and consequently be punished for the offense of beating with imprisonment up to 2 years, the threat of imprisonment up to 3 years and deliberately easy plogosje imprisonment up to 5 years. As if the offender is a recidivist for these offenses punishable with imprisonment from one year to five years. ".
Also there is a possibility that the perpetrator be prosecuted even when violates the court's decision to issue an order of protection. So as to obtain the court order of protection, and during this period the offender violates a protection order then denounce the police immediately event taking with them a copy of the order issued by the court. The abuser may be sanctioned in accordance with Article 320 of the Penal Code for "obstruction in the execution of judgments" and can be fined or punished by imprisonment up to two years.
New Criminal Code under the domestic violence is also article 121 / a "persecution" section that treats the first issue of intimidation or harassment of a person through repeated actions, with the intention to cause a state persistent and severe anxiety or fear for personal safety, or to force him to change his way of living, in particular in this article provided the qualifying circumstance, being located in a separate paragraph and exacerbating the degree of punishment with a third of the sentence imposed, the case when this is done by ex-husband, former cohabitant, or person who had the spiritual connection with the injured.
What are the steps to follow if you seek refuge from domestic violence?
Reporting of violence to the police station nearest health center, local government unit (municipality, commune);
Completion of the petition by the station, local government units, non-governmental organization, or a lawyer;
Filing of petition in court (court of the country where you are currently, despite your location) or complain to the prosecutor or the judicial police;
Hearings will be held within 48 hours (in case of an emergency protection order) and 15 days (in the case of an order of protection) from the deposition of petition. You will be notified (by phone) for the time of the hearing. Please note that should go on time after a small delay can bring to dismiss the case.
At the hearing you will give your explanations and present evidence that may have available (family certificates, police reports, medical reports, evaluation reports psychosocial, witnesses etc.) It is very important that you convince the court that you are a victim violence and for this you must submit evidence mentioned above, but also to provide details of incidents occurring. If possible take a picture of the wounds caused by the violence and take with you to the hearing any evidence that you posedoni.Në same session will be issued a protection order or emergency protection order, the decision of the court.
If we get an emergency protection order, you must report back to the court after about 20 days (the date is specified in the decision of the emergency protection order) to develop a further session which will certify the order of immediate protection, confirming it for a longer period of time, up to one year. In this session will be to present the available evidence, in order to convince the court to have suffered violence.
Can seek divorce court hearing the order of protection?
Not after the dissolution of marriage (divorce) and the issuance of an order of protection are two judicial processes independent of each other, so you can not ask for a divorce in the process of issuance of the order of protection. However, most victims of domestic violence seek divorce, so you can search simultaneously dissolve the marriage by filing another application, which will be launched in parallel with the order of protection, the process of divorce.
If you are affected by violence, and you need assistance, contact:
Tel: ++ 355 4 2 400 712
Tel: ++ 355 4 720 0367
Mobile: 067 407 311 0
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
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