Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 177
Courts must be aware of the increased risk that women face
when they seek official assistance from the authorities. The
Inter-American Commission on Human Rights noted that
women may need increased legal protection from the State
when a protection order has been issued, recognizing that:
“Restraining orders may aggravate the problem of separation
violence, resulting in reprisals from the aggressor directed
towards the woman and her children”. 479
When assessing whether a protection order should be granted,
the courts should take account of all forms of violence against
women, not just life-threatening violence. 480
The standard of proof that an applicant must discharge in order
to be awarded with an order should not be the standard of
criminal proof, “beyond reasonable doubt”. 481 Emergency
orders should be available on the sworn statement or live
evidence of the victim. To seek further evidence may lead to
delays that put the victim at further risk. 482
Courts should also be aware that many forms of violence,
particularly domestic violence, are courses of conduct which
measures enumerated under sections 1 and 2 of Law no. 4320 (see
paragraph 70 above). They could also have issued an injunction with
the effect of banning H.O. from contacting, communicating with or
approaching the applicant’s mother or entering defined areas (see, in
this respect, Recommendation Rec(2002)5 of the Committee of the
Ministers, paragraph 82 above). On the contrary, in response to the
applicant’s mother’s repeated requests for protection, the police and
the Diyarbakır Magistrate’s Court merely took statements from H.O.
and released him (see paragraphs 47-52 above). While the authorities
remained passive for almost two weeks apart from taking statements,
H.O. shot dead the applicant’s mother.”
479
Jessica Lenahan (Gonzales) et al v the United States, Inter-
American Commission on Human Rights Case No 12.626, Report No.
80/11 (21 July 2011), paragraph 166.
480
V.K. v Bulgaria, CEDAW Communication 20/2008, UN Doc
CEDAW/C/49/D/20/2008 (2011), paragraph 9.9.
481
Ibid, paragraph 9.9
482
UN Handbook for Legislation on Violence against Women, above
note 413, page 48.