Domestic violence is a serious social and legal issue that can affect individuals regardless of their age, gender, social background or financial circumstances.
The family home should be a place of safety and protection. However, where violence, threats, coercion or abuse occur within a family environment, Cyprus law provides victims with specific rights and mechanisms for their protection.
It is important to understand that domestic violence is not limited to physical abuse. It may take various forms and, in many cases, may develop gradually through a recurring pattern of controlling, intimidating or abusive behaviour.
What Constitutes Domestic Violence?
The principal legislative framework in Cyprus includes, among others, the Violence in the Family (Prevention and Protection of Victims) Law of 2000, Law 119(I)/2000, as amended, as well as the Prevention and Combating of Violence against Women and Domestic Violence and for Related Matters Law of 2021, Law 115(I)/2021.
Under section 3 of Law 119(I)/2000, violence includes any act, omission or behaviour which causes physical, sexual or psychological harm to a member of the family by another member of the family. It also includes violence exercised for the purpose of achieving sexual intercourse without the victim’s consent, as well as the restriction of a person’s freedom.
Accordingly, the perception that domestic violence exists only where physical injury has occurred is incorrect.
Depending on the circumstances of each case, domestic violence may take the form of physical assault, threats, intimidation, psychological abuse, sexual violence, restriction of freedom or other forms of controlling and oppressive behaviour.
The more recent legislative framework, particularly Law 115(I)/2021, also addresses contemporary forms of abuse. By way of example, and subject to the requirements of the Law, it criminalises the non-consensual dissemination of pornographic or sexual material concerning a woman, as well as blackmail or threats involving the dissemination of such material.
Violence Between Spouses or Partners Is Not a “Private Matter”
One of the most important points to emphasise is that violence committed within a family does not cease to constitute unlawful conduct merely because it occurs within the family home or between persons who are, or have previously been, in a personal relationship.
A family or marital relationship does not justify violence, nor does it deprive a victim of the right to seek protection from the Police, the competent authorities and the Courts.
Law 119(I)/2000 also expressly addresses rape committed by one spouse against the other.
What Can a Victim Do?
Every case is different, and the measures that may be appropriate will depend on the seriousness of the circumstances, whether there is an immediate risk to the victim, whether minor children are involved, and the particular circumstances of the family concerned.
A victim may, among other things, report the matter to the Police and contact the competent Social Welfare Services, as well as seek legal advice concerning his or her rights and the judicial protection measures that may be available.
Of particular importance is the fact that Law 119(I)/2000 recognises that a complaint made by a victim within a reasonable period of time to certain persons, including a police officer, welfare officer, psychologist or doctor, may constitute evidence, subject to the requirements of the Law.
In addition, Law 115(I)/2021 provides for rights relating to the information and protection of victims and imposes relevant obligations upon the competent authorities and law enforcement agencies.
Protection and Interim Orders
In cases involving domestic violence, the immediate protection of the victim may be just as important as the criminal investigation itself.
Law 119(I)/2000 grants the Court the power, subject to certain conditions, to issue an interim exclusion order against a suspect. Section 22 provides that such an order may be issued following an application by, among others, a family member, the Police, the prosecutor or a Family Counsellor.
The Court may also, in the circumstances provided by law, issue an order prohibiting the accused from entering or remaining in the family residence.
Importantly, the protection of a victim does not necessarily depend upon who is considered to have the right to remain in the family home. The Law contains specific provisions governing the use of the family residence in the context of exclusion orders.
Furthermore, Law 115(I)/2021 provides, in cases falling within its scope, for the possibility of an interim order prohibiting a suspect or accused person from entering or approaching within a specified distance of the victim’s residence or place of accommodation, workplace or any other place specified by the Court.
Where Children Are Involved
The presence of minor children makes cases of domestic violence particularly sensitive.
The protection of children is an essential element of the legislative framework. Law 115(I)/2021 provides that child victims must be treated in accordance with the principles of the United Nations Convention on the Rights of the Child, taking into account, among other matters, their age, maturity and particularly vulnerable circumstances.
Law 119(I)/2000 also provides for the possibility of an interim order for the removal of a minor victim, subject to the conditions prescribed by law.
Accordingly, in any case of domestic violence involving children, their protection and best interests must be considered with particular care.
Protection of Victims During Court Proceedings
Protection does not end once a complaint has been made.
Law 115(I)/2021 provides for measures aimed at protecting victims during court proceedings. Among other measures, and where the statutory requirements are satisfied, the Court may order that the victim be examined or cross-examined without being physically present in the courtroom through the use of appropriate communications technology.
The legislation also provides measures for the protection of the victim’s privacy, identity and image.
Furthermore, harassment or intimidation of a victim or witness in domestic violence proceedings may itself give rise to further criminal consequences.
Right to Compensation
In addition to criminal proceedings, it is important for victims to be aware that civil claims may also arise.
In particular, section 25 of Law 115(I)/2021 provides, without prejudice to other available legal remedies, for a right of action for compensation against the perpetrator in respect of criminal acts falling within the scope of that Law and for damage suffered by the victim as a direct consequence of the offence.
Any potential claim for compensation should always be assessed by reference to the particular facts of the case and the applicable legal framework.
The Importance of Obtaining Legal Advice at an Early Stage
Domestic violence cases are often complex. They may involve not only criminal proceedings but also matters of family law, parental responsibility, the residence of children, contact arrangements, the use of the family home and other related legal rights.
For this reason, obtaining individual legal advice at an early stage can be particularly important.
After considering the particular circumstances of the case, a lawyer can advise the victim of his or her legal rights, assess the judicial and other protection measures available and, where necessary, take the appropriate legal steps to safeguard the victim’s rights and interests.
Silence Should Not Be the Only Option
Domestic violence can create fear and insecurity and may leave victims feeling that they have no way out. However, the legal framework in Cyprus provides mechanisms for reporting abuse, obtaining protection and accessing support.
Every case should be treated seriously, confidentially and with primary consideration given to the safety of the victim and, where applicable, the children involved.
Where there is an immediate risk to a person’s safety, priority should be given to securing the victim’s safety and immediately contacting the Police or the competent authorities.