Court Consideration of Cases on Issue and Extension of a Restricting Instruction in Civil Procedure

The article examines the phenomenon of domestic violence, analyzes the current legislation governing the relations that contribute to this phenomenon and highlights the concept of restrictive injunction as a measure to combat domestic violence, as well as the procedure for court proceedings to issue and extend such injunction.

Domestic violence is now a common phenomenon in Ukrainian society, affecting children, women, parents and, less frequently, men. Much attention has been paid by the legislator and Ukrainian scholars to prevent and prevent this phenomenon, in particular, the Law of Ukraine «On Prevention and Counteraction to Domestic Violence» has been developed and entered into force.

The legislator defines domestic violence as an act (act or omission) of physical, sexual, psychological or economic violence committed in the family or within the place of residence or between relatives, or between a former or current spouse, or between other persons who live together (lived) with one family, but are not (were not) in a family relationship or in marriage with each other, regardless of whether the person who committed (lived) lives (domestic) in the same place as the victim person, as well as threats to commit such acts.

Most cases of domestic violence remain within the walls of the family in which it occurred, thus remaining unpunished, because a very small percentage of people, especially children, seek help, so the problems of such a phenomenon in Ukrainian society remain for many years.

According to the National Police of Ukraine, in the first half of 2020, the National Police received more than 101.5 thousand, and for the year almost 209 thousand applications, reports of offenses and other events related to domestic violence. This is 47% more than in 2019.

Domestic violence causes significant medical and demographic losses, which are determined by the irreversible loss of population, severe injuries and disability of victims, deterioration of reproductive health and the likelihood of long-term psychological disorders in victims of violence. This determines the high relevance of research on domestic violence in Ukraine, the scientific search for the most effective mechanisms for preventing violence and evaluating the effectiveness of social services provided to victims.