In domestic violence cases, the police are obliged to intervene and ensure the protection of a victim from further danger. The police are the first to respond to domestic violence and they have the obligation to evaluate the situation.
Lithuanian law ensures interference in domestic violence emergencies and the ability to issue a decision on separation or apply other measures to protect victims and their children from the dangers posed by the abuser. The police have the obligation to evaluate the situation and take proper action. This includes arrest of the perpetrator where this is proportional and assessment of risk and issuing of the emergency barring order.
Measures may include an obligation for a perpetrator to leave common housing and a ban on approaching the victim and her/his house and contacting her/him with any means of communication, including the use of third parties to transfer a message to the victim. A decision is in effect as long as the protection is essential.
Decision on separation & Human rights
The police acting together with the Court both have the right and the obligation to issue a decision on separation or other measures and to protect a victim and her/his children. If police and the Court fail to correctly assess the situation of domestic violence (for example, the specific nature of the domestic violence, a previous history of records on abuse) and, therefore, refuse to issue a decision on protection measures, it may result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – police and the Court) fails to effectively respond and provide protection to the victims of domestic violence in cases of immediate threats to their lives, freedom or health, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition of inhumane or degrading treatment, and the right to private and family life.
About this section
This section of the Guide will explain legal and practical procedures in cases where an emergency barring order is issued.