To whom can a protective order be applied?

Prevention of domestic violence is one of the pressing issues that receives significant attention, including through the legislative consolidation of measures and mechanisms for preventing domestic violence.

One of the effective preventive and deterrent measures against unlawful behavior of domestic aggressors is the application of protective orders by internal affairs bodies.

In accordance with Article 31 of the Law of the Republic of Belarus "On the Fundamentals of Activities for the Prevention of Offenses," a protective order is the imposition of temporary prohibitions on certain actions and obligations on a citizen who has committed domestic violence, in order to protect 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, in connection therewith, preparations are being made for the consideration of an administrative offense case for intentional infliction of bodily harm and other violent actions, or for violation of a protective order, or an investigation is being conducted in accordance with the requirements of criminal procedure legislation, or a criminal case has been initiated for a crime against life and health, sexual integrity or sexual freedom, or personal freedom, honor and dignity.

By a protective order, a citizen against whom it has been applied may be prohibited from:

attempting to ascertain the whereabouts of the victim of domestic violence;

visiting places where the victim of domestic violence is located, if this victim is temporarily away from the joint place of residence or stay;

communicating with the victim of domestic violence, including by phone, using the global computer network Internet;

disposing of property jointly owned with the victim of domestic violence.

The prohibitions and obligations provided for by a protective order are established for a period of up to 15 days from the moment the order is served on the citizen against whom it is applied. With the consent of the prosecutor, the term of the protective order may be extended up to 30 days.

For violation of a protective order, administrative liability is provided for under Part 2 of Article 10.1 of the Code of Administrative Offenses, and the person may be subjected to an administrative penalty in the form of a fine of up to 10 basic units, or community service, or administrative arrest.

In 2023, employees of the Verkhnedvinsk District Department of Internal Affairs issued 85 protective orders, all of which were related to the obligation to leave a shared living space.
For the purpose of ensuring temporary accommodation for citizens subject to a protective order, a residential unit located at: Verkhnedvinsk, Kobzuna St., Bldg. 6, Apt. 44 has been designated by the decision of the Verkhnedvinsk District Executive Committee. The room for temporary accommodation of citizens subject to a protective order is provided on a paid basis for the period specified in the protective order.

Senior Assistant Prosecutor

of Verkhnedvinsk District

Class 3 Lawyer

A.V. Kuzmichyonok