News of the Judicial System

What should we expect from the latest amendments to the Law on Protection against Domestic Violence which have more specifically defined violence against children and prohibited physical punishment? What experience has been accumulated over more than five years of application of this law in practice? Why is there a lack of communication among different authorities? Could we expect a greater breakthrough in combatting the causes of the phenomenon rather than just eliminating its consequences? These questions have been raised by the participants of the international conference entitled “Family cases (domestic violence): interinstitutional cooperation”: representatives of police, prosecutor’s office, courts, probation, and non-governmental organisations.

Entire society pays for the consequences

According to Rimvydas Norkus, President of the Supreme Court of Lithuania (SCL), it is not just the family who feels the harmful consequences of domestic violence – it is entire society who pays for it.

“Despite all efforts, domestic violence has become one of the most serious modern social problems worldwide. In modern society a family home is becoming a pretty dangerous place,” states Mr. Norkus. “The English people who have proposed the phrase “My home is my fortress” to the law today admit that probability of domestic violence is bigger than probability of street violence at night.”

Pursuant to the judge, the reality of the State of Lithuania is exceptional in this context. “Our society has been ceaselessly shocking with recurrent waves of violence-related tragedies, in particular violence against children. Although it is difficult to establish the actual scope of domestic violence, recent statistics reflects the depth of the problem,” said the President of SCL.

According to him, in order to help the child, sporadic assistance to and episodic cooperation with the family at social risk are not enough. “There is only one way out – we need to enhance or even recreate the mechanism of interinstitutional cooperation in combatting violence in Lithuania,” Mr. Norkus is certain.

Not only anti-social persons exert violence

According to the data from Lithuanian Police, 66 547 calls regarding domestic violence were recorded and 10 890 pre-trial investigations were started in 2016. Last year, Lithuanian courts examined 4 703 cases, in which persons were accused of exerting domestic violence. The following number of cases have been examined: murder of minors – 4; murder of one’s mother, father or child – 41; severe health impairment of a minor, one’s child, mother or father – 33; minor health impairment – 145.

According to Viktorija Šelmienė, Judge of Vilnius City District Court, thousands of records of calls to the Emergency Response Centre reflect the entire Lithuania.

“It’s most vexing to see minors calling for help. These are the children of emigrated parents, who are beaten by their step-fathers. These are also the children of alcoholic parents, who have no place at home. They are driven out of their homes and spend nights in staircases. Being a judge, a mother of three children and a citizen, I am certain that children should be playing, learning, reading books, running or riding a bike rather than searching for help when they suffer from violence exerted by their family members. We all have one goal – to guarantee safe childhood,” said Ms. Šelmienė.

According to her, it is not true that domestic violence manifests only in families that lack social skills and abuse alcohol. “Violence is exerted by educated, high-ranking and successful persons. Just their violence is far more subtle and perfectly masked. In Lithuanian courts we can very often see how skilfully and subtly children are used to solve the problems of parents. Children become as if tennis balls thrown between their fighting parents,” added the judge of the largest court in the country.

Therefore, in the opinion of Ms. Šelmienė, when hearing child-related cases, it is very important to primarily think about what the child needs rather than listen to the demands of parents.

The judge also noted the problem when a minor child who has suffered from violence has to report about what has happened several times: to a staff member of the Emergency Response Centre, a policeman, a doctor, a psychologist and eventually a judge.

“Each year, forensic psychologists help officers and judges to question about five hundred minor witnesses. Every person who pursues justice should seek a single interrogation carried out by a pre-trial judge with the help of a specialist, i.e. a forensic psychologist; it is highly important to ensure that a questioned child does not feel any discomfort and that the interrogator understands how to communicate with the child, ask questions and get answers,” states Judge Ms. Šelmienė.

Lithuanian forensic psychologists help to carry out interrogations in Vilnius, Kaunas, Šiauliai, Panevėžys and Klaipėda regions.

Fell down or was beaten?

According to Tomas Tukleris, Prosecutor of Vilnius District Prosecutor’s Office of Vilnius Regional Prosecutor’s Office, in practice it is often difficult to establish whether the child has actually suffered from violence.

“Even if some bodily injuries are ascertained, we often lack objective data that allow categorically rejecting the possibility that the child could have hurt himself/herself, for example, by falling down or playing,” the prosecutor named one practical aspect of a pre-trial investigation. “Those who raise children or work with them have many times noticed scrape or bruises on children’s bodies, which occur when children strike against something without any intervention of other people.”

The prosecutor said that he often faces situations in which conflicting parents try to manipulate these petty bodily injuries of children and blame each other as to their occurrence, each of them seeking their own goals.

“Therefore, every case of potential violence against a child has to be evaluated individually and objectively, without forgetting that criminal liability is an ultimate measure,” Prosecutor Mr. Tukleris highlighted.

According to the prosecutor, the situation in which one parent accuses the other of exerting violence against a child often emerges in the process of marriage dissolution, when the minor’s parents cannot peacefully solve the issues related to marriage dissolution, i.e. divide property, agree on children’s custody and the establishment of their place of residence as well as their maintenance. These cases are often called ‘divorce cases’.

“A child becomes an adults’ tool in their mutual combat in cases of this category,” says the prosecutor. “In this case a minor’s father or mother, who has been appointed a statutory representative, seeks to defend his/her own interests and gain benefits rather than properly represent the child’s interests. Often no actual violence has been exerted against children, yet statutory representatives claim that the other parent (current or former spouse) has exerted violence.”

Mr. Tukleris notes that in these cases minors suffer from a negative impact (actually psychological violence) caused not by allegedly exerted physical violence, but by escalation of a conflict between the parents, pre-trial investigation and judicial proceedings, as well as interrogations that have the purpose of obtaining data accusing one of the parents.

“Usually, children are set by one of the parents or other family members against the other parent. Therefore, we cannot equally treat all pre-trial investigations regarding violence against minors,” claims the prosecutor.

More empathy

The speakers agree that although children and adults who have suffered from violence exerted by family members more often and more boldly call for help, the Lithuanian Law on Protection against Domestic Violence adopted almost six years ago, at the end of May 2011, is not perfect.

“A lot has been done; however, it is only the beginning. Practical application of the law is impeded due to insufficient funding and organisational drawbacks. There is also a lack of criteria how to recognise psychological violence that is not so visible like physical or sexual violence,” said President of SCL Mr. Norkus.

According to Mr. Tukleris, Prosecutor of Vilnius District Prosecutor’s Office of Vilnius Regional Prosecutor’s Office, the problem of domestic violence against children cannot be solved merely by prohibitions and punishments. “It is doubtful whether law enforcement authorities can solve this relevant and sore problem. Officers face violence that has already occurred and the consequences of this violence, but not the causes,” he thinks.

According to Kristina Mišinienė, a representative of Caritas Lithuania, who has attended the event, we have got so used to violence that we cannot live otherwise – no one is surprised to hear about parents who exert violence against their children or about children who are abused at home.

“Reduction of domestic violence should be a personal challenge to every investigator, prosecutor, child rights protection officer or judge. You will not change the behaviour of the participants of the proceedings; however, if you start to create a more humane relationship with vulnerable social groups – victims and the aggrieved, if you are accurate, empathic and more realistic, you may do a lot,” Ms. Mišinienė is certain.

Moments from the event can be seen here.

The international conference “Family cases (domestic violence): interinstitutional cooperation” has been organised by the National Courts Administration with the funds of the Norwegian Financial Mechanism.

Information prepared by:
National Courts Administration
Communication Division
E-mail: komunikacija@teismai.lt
Tel.: (8 5) 251 4120