Legal assistance to victims is essential as domestic violence cases often involve legal matters –court protection orders, criminal proceedings, as well as civil court proceedings in cases of divorce and child custody disputes.
It is crucial for victims to receive legal assistance in cases linked closely to domestic violence. Some proceedings like the application to court for a temporary protection order are not very complicated and could be done without legal knowledge. However, since those situations may involve counteractions from the perpetrators, the use of legal aid is advised. Legal assistance is very important in civil court proceedings and in cases of divorce and child custody, due to procedural complexity.
A victim of domestic violence has the right to receive state-funded social rehabilitation services which also include legal help to assist the victim to safely exit an abusive relationship.
In addition, victims of domestic violence who have been granted status as a person of low-income and would like to receive legal aid , may also turn to the National Legal Aid Bureau for free legal help. This help could entail, for example, the drafting and submitting of an application for temporary protection against violence, filing for divorce, child custody and child support, and the division of spousal property if such claims are related to the case of temporary protection against violence, as well as assistance in criminal and civil proceedings in case the justice requires so. The National Legal Aid Bureau through the local bar associations can assign a lawyer which provides legal counselling, the drafting of legal documents and representation of the victim in court hearings.
The Legal Aid Administration can refuse to assign legal assistance only on legal grounds founded in the Legal Aid Act or other pertinent laws.
Which human rights violations may there be?
The ability or failure of the State to provide help and assistance to victims of domestic violence should be seen in the light of the due diligence standard. It may result in a violation of human rights where state or municipal institutions deny funded help or assistance to a victim without lawful grounds.
The right to life, the prohibition of inhumane or degrading treatment and the right to private and family life
The State’s failure to provide help and a support system for domestic violence victims may, in certain cases, result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
Prohibition of discrimination
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – the pertinent authorities) fails to effectively respond and provide help and support to the victims of domestic violence in cases of immediate threats to their lives, freedom or health, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition of inhumane or degrading treatment, and the right to private and family life.
Right to a fair trial
Under certain conditions, the victims of domestic violence have the right to free legal aid in criminal or civil proceedings. If the failure of the State to ensure such legal aid has resulted in an unfair process for the victim, it may lead to a violation of the right to fair trial.