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This article with descriptive – analytical   method is studying the issue of violence against women in judgmental procedure of the European Court of Human Rights (ECHR) and also referred to the approach of the Iranian legal system in this field. In according to ECHR, VAW violates the right to life, the prohibition of torture and the principle of non-discrimination. ECHR also states that the member states of European convention on Human Right obliged to criminalize some acts of violence and take preventive measures to impede further violence in order to comply with the appropriate diligences following articles 2 & 3. In addition, the member states should investigate complaints of violence, as well as prosecute and punish perpetrators. Failure to fulfill these obligations with the required degree of appropriate diligences can be lead to the violation of articles 2 and 3. Finally, the failure of the state to act based on appropriate diligence regarding to complaint and combating to VAW may be regarded as violation of article 14. It seems the achievements of the European Court can be utilized by Iranian authorities and courts in terms of religious and cultural characteristics and requirements.