Pretending to be a cafe employee, the offender invited the complainant to a job interview where he tried to rape her and inflicted minor bodily injuries on her. For reasons beyond the criminal's control, his plan failed (the woman was able to escape and leave the scene of the crime). The court of first instance sentenced the man to six years in prison for attempted rape as a repeat offense, which is an aggravating circumstance.
Article 3502 lists the persons who can apply to the court for a restraining order, which means a judicial measure that temporarily restricts rights or imposes obligations on a perpetrator of domestic violence and is aimed at ensuring the victim's safety. For example, the court may order a ban on staying in the common residence with the victim of domestic violence; prohibition to approach within a specified distance to the victim’s place of residence, study, work, or other frequently visited locations; prohibition to contact the victim.
Article 3505 of the Civil Procedure Code of Ukraine stipulates that the applicant and the interested persons should participate in the court’s decision to grant a restraining order. If the applicant is subjected to threats of the further discrimination or violence, the case may be considered without the applicant’s participation. If a duly notified an offender does not appear, their absence shall not interfere with the decision to issue a restraining order.
