Ochrona prawna rodziny a proces wiktymizacji ofiary przemocy domowej

Abstrakt

Transformation has brought about difficult life situations, which are referred to as “social life traps”, and it has changed functioning of institutions. Both a victim of violence and people who help them expect a lot from institutions legally responsible for solving such problems. Having analyzed the Penal Code, Family Code and Guardian Code, it can be stated that there are some legal tools which victims of violence have at their disposal. However, these tools are often viewed upon by society as insufficient and too slow in application. Social expectations in this respect are not convergent with the legal regulations suggested by the legal act because family violence is an unusually complex problem.

A net of good legal regulations provides victims with a tool for turning against violence, but it also requires determined steps from them. Family violence is a phenomenon which often cannot withstand the difficulties of procedures aiming at official qualification and recognition of the deed as a crime (with all legal consequences). Victims of family violence can be aided by: the procedure of “Blue Cards” in leading home interventions against violence, social aid and local authorities in the legally specified range.

Seeking compensation by the victim often deepens the trauma as the legal system, although it seems to be right and equipped with appropriate tools, does not fully meet the expectations of the victims. In consequence, most victims cannot see the chances of using social mechanisms of the legal system and prefer not to report or complain in an official way.