家庭暴力防治法保護令實施成效及對受暴婦女影響之探討

Prevention Law of Protective Order and Its Effectiveness and Impact of the Women Who Suffer From Family Violence

自從民國87年6月24日「家庭暴力防治法」公佈實施以來，申請保護令成為「法入家門，暴力遠離」的終南捷徑，但這幾年法院所核發的保護令真的能保護受暴婦女嗎？本研究主要目的即是要探討保護令到底發揮多少保護受暴婦女的功效。自民89年1月至90年3月止，中華民國彰化縣內申請保護令且已核發之受暴婦女209人為研究對象，資料收集由該縣警察局各分局之家防官進行問卷訪談，總共回收問卷204份。研究發現受暴婦女年齡平均為38.57±9.50歲，多數集中30至50歲的中年女性，近六成有工作，學歷集中在國小及國中，而施虐者年齡平均為40.64±8.47歲，多數集中在31至50歲間的中年男子，大部份皆有工作，學歷集中在國中、高中職，204位受暴婦女中有56人（佔27.5%）因離家多時無法訪問到。另外148位受暴者有87.2%對保護令的執行滿意，但僅有54.7%認為保護令對促進婚姻關係有幫助，顯示大部分的受暴婦女期望藉由保護令來遏阻婚姻生活中的暴力事件，在保護令核發下來，有80%的施暴者不會再動手打太太，僅20%施暴者會再施暴，但次數也比以前少，且會改用罵的方式。顯示保護令在保護受暴婦女方面仍發揮一定的嚇阻作用，值得繼續推廣核發，惟實務上仍面臨不少困境有待突破，因此建議有關當局應1.儘速建立家暴受害者的個案管理系統2.提高法院核發加害人處遇計畫保護令之比例，徹底根絕暴力3.社會大眾宣導教育的再深入，以解構家庭暴力迷思，發揮社區防治功能4.確實落實保護令的執行。

The government revised the family violence prevention law on June 24th, 1998 which became the best way for the law so keep every family safe from violence. To seriously for consider whether the protective order really protected the women who bad suffered from family violence. The questionnaires of 209 victims who were victims of Family violence and were under a protective order were received. There were 204 completed surveys colleced by the Changhua County Police Bureau from January 2000 to March 2001. The 204 completed data forms were collected. The average age was 38.57(9.50 years old (ranging from 30 to 50 years) women, who were victims of domestic violence. The majority of education levels of victims were of primary or secondary school level,about 60% were unemployed. The average age of violators was 40.64 (8.47 years old (ranging from 31 to 50 years) with education levels between secondary or vocational school levels, Among 204 data forms collected, 56 (27.5%) were completed inadequately. Of the responses, 87.2%, (148 individuals) were satisfied that the orders were executed. and 54.8% felt they were helpful for their marriage status. The purpose was to reveal more than half of the women who received the protective order could end the frequency of the violence. To compare the situations before and after the protective orders have been issued, 80% ended the violence and the other 20% used alternatives to scolding. This study revealed that to stop the violence, timing was important when the women received the protective order. The protective orders should he continuously issued. Whenever possible administration systems should he set up for domestic violence cases and improving the ratio of the courts timing when issuing the protective orders to violator executed, and force violators to undergo treatment to end the violence. It should he continuously executed and education about the family violence prevention law should be spread to the people in s community. The protective order law should be implemented by the government.