Domestic Violence: When the Court Can Oblige the Offender to Undergo a Special Program

Domestic violence requires not only punishment of the guilty person but also measures that help prevent repeated incidents of violence. One such tool is a special program for offenders.

As reminded by the Kherson Court of Appeal, according to the Law of Ukraine "On Prevention and Counteraction to Domestic Violence," the program for offenders is a set of special measures developed taking into account risk assessment. Its main goal is to change the violent behavior pattern of a person, develop non-violent communication skills, foster responsible attitudes toward one’s actions and their consequences, and promote the building of healthy relationships in the family and private life.

The standard program is approved by the order of the Ministry of Social Policy of Ukraine. It consists of several stages: diagnostics, motivational work, and behavior correction. During the program, specialists help participants understand the causes of aggressive behavior, learn to control emotions, reject violent ways of resolving conflicts, and form socially acceptable interaction models.

The program can be completed voluntarily or by court decision. If a person wishes to change their behavior, they have the right to independently contact the appropriate specialists. At the same time, in cases defined by law, the court may oblige the offender to undergo such a program.

Legislation provides that the court may direct a person to undergo the program for a period from three months to one year. The implementation of such programs is ensured by specially trained specialists who have undergone appropriate training.

When the Court Directs the Offender to Undergo the Program

In cases of administrative offenses, the issue of directing a person to undergo the program for offenders is regulated by Article 39-1 of the Code of Administrative Offenses of Ukraine (CAO). According to this provision, in the event of domestic violence or gender-based violence, the court, when deciding on the imposition of an administrative penalty, has the right to simultaneously decide on directing the person to undergo the relevant program. The court decision directing the person to undergo the program must be sent within three days from the date it comes into legal force to the entity responsible for implementing such programs.

At the same time, Article 173-2 of the CAO defines the composition of the administrative offense as committing domestic violence, domestic violence against a child, failure to comply with an urgent restraining order, or failure to notify about the place of temporary residence. Article 173-6 of the CAO concerns the commission of gender-based violence. It is precisely in cases under these articles that the court must assess whether there is a need to direct the offender to undergo the program.

Additionally, Article 283 of the CAO provides that the court decision on imposing an administrative penalty in cases provided for by Articles 173-2 and 173-6 of the CAO must contain justification for the necessity or lack of necessity to direct the offender to undergo the program for a person who committed domestic violence or gender-based violence, according to Article 39-1 of the CAO.

In criminal proceedings, directing a person to undergo the program for offenders may be applied by the court as one of the restrictive measures according to Article 91-1 of the Criminal Code of Ukraine. This measure is applied in the interests of the victim simultaneously with the imposition of a punishment not related to imprisonment or in case of exemption from criminal liability or punishment.

The most common basis for such a measure is the commission of a criminal offense under Article 126-1 of the Criminal Code of Ukraine — domestic violence, i.e., intentional systematic physical, psychological, or economic violence against a spouse, former spouse, or another person with whom the offender is or was in family or close relations.

At the same time, the concept of a criminal offense related to domestic violence is broader than just Article 126-1 of the Criminal Code of Ukraine. According to the Supreme Court’s approach, it may be any criminal offense whose circumstances contain signs of domestic violence — physical, psychological, sexual, or economic — regardless of whether this is explicitly stated in the disposition of the relevant article of the Criminal Code of Ukraine.

Therefore, in practice, the issue of directing the offender to undergo the program may arise not only in cases under Article 126-1 of the Criminal Code of Ukraine but also in criminal proceedings concerning intentional bodily harm, battery and torture, threats, unlawful deprivation of liberty, sexual violence, or other criminal offenses if they are committed in the context of domestic violence against a person who is in family or close relations with the offender. Such an assessment is made by the court considering the specific circumstances of the case.

How the Program for Offenders is Implemented

The court’s role in implementing the program is not in its direct execution but in the legal assessment of the case circumstances, determining the necessity of applying such a measure, making the appropriate decision, and directing it for execution. The organization and provision of the program are entrusted to local state administrations and local self-government bodies.

First-instance courts within the Kherson appellate district actively apply the special measures provided by law in the field of prevention and counteraction to domestic violence. In particular, when considering cases of this category, courts assess not only the circumstances of the committed offense and the issue of the person’s responsibility but also the necessity of applying additional measures aimed at preventing repeated violence. One such measure is directing the offender to undergo the program for persons who committed domestic violence or gender-based violence.

For the Kherson City Territorial Community, this issue is regulated at the local level. By the order of the Head of the Kherson City Military Administration dated 24.07.2025 No. 539r, the Program for Offenders in the Kherson City Territorial Community for 2025–2026 was approved. This creates an organizational basis for the practical implementation of court decisions on directing persons to undergo such a program.

Thus, the program for offenders is not a way to avoid responsibility but an additional mechanism of influence on a person who committed domestic violence or an offense related to it. Its goal is to change the offender’s behavior, reduce the risk of repeated violence, and strengthen the protection of victims.

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