Abolition of protective orders in domestic violence
DOMESTIC VIOLENCE
According to a lawsuit for protection against domestic violence, the court can determine protective measures against domestic violence. Protection measures against domestic violence imposed by the court against a family member who committed violence can last a maximum of one year, and the time spent by the family member who committed violence in detention or prison in connection with the criminal offense is included in that period.
How is the duration of emergency measures calculated?
The beginning of the duration of measures for protection against domestic violence is calculated from the day of the passing of the judgment by which the measures were imposed, and they can be extended until the reasons for which the measure was determined cease, and they can also end before the stipulated duration if the reasons for which they were imposed cease.
How to cancel emergency measures?
The procedure for revoking measures for protection against domestic violence is initiated exclusively by submitting a lawsuit to the competent court. In that procedure, the prosecutor (the person against whom the emergency measures were imposed) must prove that the reasons for which the emergency measures were imposed no longer exist.
A lawsuit for the termination of measures for protection against domestic violence before the expiration of that measure can be filed only by the family member against whom such measures were determined, while on the other hand, there is a much wider circle of persons who can file a lawsuit for the determination of measures and a lawsuit for the extension of measures for protection against of domestic violence, i.e., a lawsuit may be filed by a family member who suffered violence or his legal representative, the guardianship authority and the public prosecutor.
