”Ja… minä jäin henkiin” – lähestymiskielto ja suojelutarkoitus
Avainsanat:
rikosprosessi, lähestymiskielto, poliisi, avustaja, väkivaltaAbstrakti
“I survived”: An evaluation of the protective function of protection orders
Protection orders have become a central instrument in the protection against interpersonal violence. The Istanbul Convention on violence against women and domestic violence of 2011 includes a specific obligation to provide protection orders and emergency barring orders. The European Union has recognised the cross-border effect of protection orders. The Finnish Protection Order Act was enacted in 1998 and amended in 2005 to include emergency barring orders. The purpose of the article is to evaluate the protective function of such orders.
The article restates the main results of a 2008 study (Rantala et al.), namely the serious violence leading to protection orders, attrition after intermediate protection orders in cases of serious violence, and the frequent breaches of orders. The new data comes from the POEMS study (Protection Orders in European Member States). The re-examination of Finnish victim interviews underlines the long duration of violence before an order is filed for. The victims emphasise the need for support from the police in the acute situation and from shelters, victim services and legal aid during the proceedings. All victims had had difficulties in enforcing the order, especially against on-line stalking. The authors conclude with recommendations, such as more ex-officio initiative and co-ordination with criminal proceedings in serious cases of violence, and electronic monitoring of the orders.
