Domestic violence

Domestic violence is any act that compulsorily restricts privacy, liberty and rights, and in particular, domestic violence is: any act of physical and mental violence perpetrated against a victim by the following persons:
  • spouse or ex-spouse;
  • a person with whom he or she has been in actual spousal cohabitation;
  • a person parent to his/her child;
  • a person with whom he or she is in a kinship relationship up to and including fourth degree;
  • a person with whom he is or has been related to a third degree by marriage;
  • guardian or foster parent;
  • ascending or descending to the person with whom he or she is in actual cohabitation;
  • a person with whom the parent is or has been in actual cohabitation.

Requesting protection from domestic violence

protection from domestic violence

Domestic violence protection proceedings are initiated by filing a petition (claim) with the District Court at the victim’s permanent or current address. It is important to know that the claim is submitted within 1 month of the commitment of the act of domestic violence. The claim may also require an immediate protection order when there is proof for the immediate or subsequent danger to the life or health of the injured person, in which case the court shall issue an immediate protection order within 24 hours of receipt. of the claim.

Domestic Violence Protection Measures

The measures for protection against domestic violence are set out in detail in Art. 5 of the Domestic Violence Protection Act, based on which the victim may claim:
  • to oblige the perpetrator to refrain from committing domestic violence;
  • to remove the offender from the jointly occupied residence within the time limit set by the court;
  • to prohibit the perpetrator from approaching the victim, at the place of residence, employment and places of social contact and recreation of the victim under conditions and time-limits set by the court;
  • to request a temporary determination of the child’s place of residence with the injured parent or with the parent who did not commit the violence, under conditions and time-limits set by the court, if this does not contravene the interests of the child;
  • to oblige the perpetrator of the violence to attend specialized programs
  • refer victims to recovery programs
In any event, the court also imposes a fine on the offender.