Judicial investigation into domestic violence crimes (Comparative analytical study)

Aati, Marwa Attia

doi:10.63677/jqlap.2025.164294.1414

Judicial investigation into domestic violence crimes (Comparative analytical study)

https://doi.org/10.63677/jqlap.2025.164294.1414

Volume 16, Issue: 2 part 2
Autumn 2025

Pages 391-410

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Marwa Attia Aati

Presidency of Dhi Qar University

Abstract

Judicial investigations into domestic violence crimes are a set of procedures taken by the competent authorities to gather the necessary evidence and indications to prove the crime occurred and attribute it to its perpetrator. Crimes occurring within the family are considered in accordance with the law. There is no criminal court in Iraq specializing in domestic violence crimes. However, the Supreme Judicial Council established investigative courts and misdemeanor courts specializing in family cases in Statement No. 9 of 2021 in each appeals district. No provision was made for the formation of a court specializing in all types of domestic violence crimes, including a criminal court. These courts operate within their jurisdictions in accordance with the provisions of applicable laws. Legislators have set aside specific provisions for these crimes, including confidentiality of trials for reasons related to public morals. These provisions must be respected, as they constitute an integral part of societal ethics, and to protect the family unit from disintegration and the issuance of a protection order.

Keywords

judicial investigation

domestic violence

confidentiality of trial

protection order