Law against Domestic Violence Has Nothing to Do with Child Custody

We have already addressed the misinformation related to the RA Draft Law on Preventing and Combating Domestic Violence, namely, the claims that the law is imposed on us by Europe and has to do with homosexuality.

However, the misinformation related to this issue is not limited to the aforementioned claims. One of the most widespread pieces of misinformation is the claim that the law is aimed at taking away children from their families and destroying the foundations of a traditional Armenian family.

However, the reality is completely different. This bill does not regulate the activity of the Judicial Acts Compulsory Enforcement Service and does not address issues related to child custody. The latter is already regulated by the RA Family Code.

The RA Draft Law on Preventing and Combating Domestic Violence is aimed at protecting from domestic violence and preventing it, for which respective material and procedural norms are stipulated in the Bill. For instance, if one of the spouses uses violence towards his/her spouse or towards the children, the other spouse can turn to the RA Police and request them to take respective official protection measures. Moreover, the Bill has established not only the system of protective measures based on the dangerousness of the act  for the public, but also the deriving powers of the competent state bodies, as well as the scope of rights subject to limitation.

“The objective is protecting the family and children from violence, strengthening the foundation of Armenian families, where, I believe, there is no place for violence”, Head of Legal Department of the RA Ministry of Justice Bagrat Ghazinyan told our correspondent.

Note that currently the RA Police only have the power to reveal committed acts of violence. But after the law is passed, the law enforcement bodies will get real mechanisms for preventing violence.

Today we have situations when women subjected to violence by their husbands cannot turn to the law enforcement bodies because after contacting the Police, they will have to return home to their husbands who will be further “infuriated” by their wives’ actions. The Draft Law stipulates that in such cases, the state shall protect the victims of domestic violence.

Arman Gharibyan