Domestic violence protection
Family Law
Domestic violence is defined as behavior by which one family member endangers the physical integrity, mental health, or tranquility of another family member, and unfortunately, it is a daily occurrence in our society.
How to protect yourself from domestic violence?
- By submitting a lawsuit to the civil court for protection against domestic violence and/or
- By filing a criminal complaint for domestic violence.
Civil procedure for domestic violence
Protection against domestic violence in civil proceedings against a family member who committed or is committing violence is achieved by submitting a lawsuit to the competent basic court, that is, to the court in whose territory the defendant resides or to the court in whose territory the family member against whom the violence was committed resides. The goal of such a lawsuit is for the court to determine the existence of domestic violence, as well as for the perpetrator to be imposed measures that prevent further domestic violence.
Who can file a claim for protection against domestic violence:
- A family member who suffered domestic violence or his legal representative;
- Guardianship authority i
- Public prosecutor
Criminal proceedings for domestic violence
Criminal proceedings are initiated by submitting a criminal report to the competent public prosecutor’s office, i.e. the police. The goal of criminal proceedings is primarily to punish the perpetrator of this criminal act.
How does the procedure for domestic violence proceed?
The procedure for protection against domestic violence is a particularly urgent procedure, which means that the first hearing must be held within 8 days from the receipt of the complaint, and in the second instance, the court must decide within 15 days from the date of submission of the appeal, which does not delay execution. judgment determining or extending a protection order against domestic violence. However, in practice this deadline is unfortunately rarely respected.
The court is not bound by the claim of the family member who filed the claim for protection against domestic violence but can also order some of the remaining protective orders that are not included in the claim if it believes that this will best achieve the protection of the family member against whom domestic violence was committed.
Protection orders against domestic violence imposed by the court against a family member who committed violence can last a maximum of one year, with the fact that they can be extended until the reasons for which the measure was determined cease, and they can also end before the intended duration if they cease. the reasons for which the measures were imposed.
