Opinion on Draft Amendments to the Legal Framework on Preventing and Combating Domestic Violence in Moldova (9 July 2015)

The Opinion notes many positive aspects of the draft amendments, such as the newly introduced possibility for police bodies to issue emergency restraining orders on site, the criminalization of the violation of protection orders issued by courts, and the willingness to exclude alternative dispute resolution mechanisms in domestic violence cases – which demonstrates Moldova’s willingness to render its legislation compliant with international standards. At the same time, in light of the latest case law of the European Court of Human Rights and recent reports from international human rights bodies, the main challenge remains the actual implementation of the relevant legislation in practice, and ensuring the effective investigation and prosecution of domestic violence cases in Moldova. The Opinion states that a number of provisions of the draft amendments could be drafted in a clearer manner and provides a number of recommendations to ensure a more effective implementation of the legal framework on preventing and combating domestic violence in Moldova.