How to Act in a Gender-Based Violence Case: A Guide for Law Enforcement within the EU Framework

Intervening in gender-based violence (GBV) situations is one of the most sensitive and critical challenges for law enforcement officers across Europe. A professional, empathetic, and standardized response is essential to protect the victim and ensure justice.

While specific police procedures may vary between member states, the European Union has established a robust legal framework to ensure all victims receive a high minimum standard of protection, support, and access to justice. Understanding this EU-wide framework is a vital tool for every officer.

This article serves as a guide on how to act in a gender-based violence case, focusing on the common principles and legal obligations mandated by the EU.

Step One: Identifying the Case within the EU Legal Framework

Before activating national protocols, the first duty of an officer is to identify the nature of the crime. The EU, in line with the Council of Europe’s Istanbul Convention (which the EU has acceded to), recognizes gender-based violence as a form of discrimination and a violation of human rights.

This framework legally defines gender-based violence as “violence that is directed against a woman because she is a woman or that affects women disproportionately.” This includes, but is not limited to, intimate partner violence (physical, sexual, psychological, or economic), stalking, and sexual harassment.

Recognizing the incident as a potential case of gender-based or domestic violence is the critical first step. This recognition immediately triggers a set of mandatory victim protection duties under EU law, primarily the Victims’ Rights Directive (2012/29/EU).

Immediate Intervention: The Victim-Centric Approach

Once an officer intervenes, the first contact is crucial. EU directives place a strong emphasis on a “victim-centric” approach, always prioritizing the victim’s safety and dignity.

1. Ensure Immediate Safety 

The absolute priority is to safeguard the victim’s physical and mental integrity, as well as that of any other individuals at risk (especially minors), including the officers themselves. This includes taking all necessary measures to control the situation and prevent further harm, which may involve the removal or arrest of the alleged perpetrator, in line with national law.

2. Create a Climate of Trust 

The Victims’ Rights Directive mandates that victims are treated with respect, professionalism, and sensitivity. It is essential to:

• Offer respectful and calm treatment.
• Separate the victim from the alleged perpetrator immediately.
• Conduct interviews in a secure, private environment.
• Avoid any form of secondary victimization (i.e., blaming the victim, making judgmental comments, or questioning their credibility unnecessarily).

The EU-Mandated Protocol: Rights and Risk Assessment

The Victims’ Rights Directive is the cornerstone of the EU’s response. It grants victims enforceable rights that all national police forces must uphold from the very first contact.

1. The Right to Information 

Officers have a legal obligation to provide the victim with clear and understandable information. This includes:

• The right to receive information about their case.
• Where to get support from specialist support services (e.g., shelters, psychological counselling).
• How to report the crime and the procedures that will follow.
• The right to free legal aid (under conditions set by national law).
• How to apply for compensation.
• How to request protection measures.

2. The Individual Risk Assessment (Mandatory) 

This is one of the most critical tools mandated by the EU. Article 22 of the Victims’ Rights Directive requires competent authorities (starting with the police) to conduct an individual risk assessment to identify the victim’s specific protection needs.

This assessment must determine:

• The risk of repeat victimization, retaliation, or intimidation by the perpetrator.
• The specific vulnerability of the victim.
• The risk of harm to any dependent minors.

The outcome of this assessment (e.g., “low,” “medium,” or “high” risk) will determine the level and type of police protection measures to be implemented, such as increased patrols or temporary protection.

3. Comprehensive Evidence Collection 

Gathering all available evidence is crucial, especially as many member states (in line with the Istanbul Convention) allow for ex officio prosecution (prosecution without the victim’s formal complaint) in serious cases. This includes documenting injuries (ensuring a medical report), witness statements, the state of the scene, and digital evidence (messages, threats).

A Key EU Tool: The European Protection Order (EPO)

A unique and vital tool within the EU is the European Protection Order (EPO) (Directive 2011/99/EU).

If a victim has a national protection order (e.g., a restraining order) in one EU country and decides to move to another, the EPO allows that protection to travel with them. Law enforcement in the new host country must be informed and is obligated to enforce that protection. It is an officer’s duty to inform victims who may be moving across borders of this right.

Action Even Without a Formal Complaint

It is vital to remember that gender-based violence is a serious crime. The Istanbul Convention (Article 55) obligates member states to ensure that investigations and proceedings are not solely dependent on the report or complaint of the victim, at least for serious acts of violence.

If officers have clear evidence that a serious crime has occurred, they are obliged to report the facts to the judicial authorities, even if the victim is too afraid or controlled to file a complaint. A diligent, specialized, and humane police response is the first and most important guarantee of protection for victims across the Union.

At Partenon, we reaffirm our commitment to the safety of those who protect us. We provide the high-performance equipment necessary to handle every intervention with the highest level of confidence and reliability, supporting officers in their duty to protect all citizens.