APSAUGOS NUO SMURTO ARTIMOJE APLINKOJE ORDERIS IR TEISMŲ PRAKTIKA JĮ TAIKANT

Abstract

This article analyses the new Law on Protection from Domestic Violence, which entered into force on 1 July 2023, and established emergency barring orders in Lithuania. The article discusses why there was a need for a new protection institute and analyses similar existing institutes in international law. The analysis relies on the practice of the European Court of Human Rights and the United Nations Committee on the Elimination of Discrimination against Women, taking into account the Council of Europe Convention on preventing and combating violence against women and domestic violence and the Proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence. The article also critically reviews the decision-making algorithm behind issuing (or not issuing) an emergency barring order and discusses the emerging practice of national courts in cases where the decision to issue (or not to issue) an emergency barring order is appealed.