Restraining orders in domestic violence cases: what does this mean in simple terms?

Domestic violence is one of those problems that people often try to keep “within the family.” But the law sees the situation differently: it is a crime that threatens not only the victim but also society as a whole. That is why the Criminal Code of Ukraine provides for a special provision — Article 91-1 of the Criminal Code — which allows the court to apply restrictive measures to the abuser.

What are these measures?

This is not a classic punishment in the form of a fine or imprisonment. These are a kind of “rules of conduct” that the court may require a person who has committed domestic violence to follow. Their purpose is not to punish, but to protect the victim.

Article 91-1 of the Criminal Code defines the following restrictions:

• Prohibition to stay in the same place of residence with the victim (even if it is the abuser’s own apartment or house).
• Prohibition to approach the victim’s place of residence, work, or study within a certain distance.
• Prohibition to communicate by any means (calls, messages, social networks).
• Prohibition on searching for and stalking the victim.
• Obligation to complete a program for abusers (this is also provided for by the Law of Ukraine “On Preventing and
• Combating Domestic Violence,” Article 39).

How long does it last?

According to the law, restrictive measures are imposed for a period of one to six months with the possibility of extension for the same period (Part 2 of Article 91-1 of the Criminal Code). This gives the injured party time and space for safety.

Why is this important?

1. Prevention of repeat offences (Article 126-1 of the Criminal Code defines domestic violence as a criminal offence, and restrictive measures help to prevent its recurrence).
2. Real protection, not just a piece of paper. If a person violates the prohibitions established by the court, this is already a new crime (Article 390-1 of the Criminal Code: “Failure to comply with restrictive measures imposed by the court”).
3. A signal to society: domestic violence is not a “family quarrel” but a crime that is punishable by law.

Practical example

A woman filed a complaint about systematic beatings by her husband. In addition to the main sentence under Article 126-1 of the Criminal Code, the court ruled to prohibit him from approaching her place of residence closer than 100 meters for six months. Violation of this prohibition automatically entails new criminal liability under Article 390-1 of the Criminal Code.

Restrictive measures are a tool for protecting victims of domestic violence, enshrined in Article 91-1 of the Criminal Code. They help to stop aggression, separate the victim from the abuser, and give them a chance at safety. The legislator has provided for them not as a preventive measure “on paper,” but as a real mechanism: violate the prohibition and you will receive a new punishment.

Society must remember: domestic violence is not a private matter, but a crime (Article 126-1 of the Criminal Code).