What protection tools are available to a victim of domestic violence?

Who is issuing it?

It is issued by the police.

When is it issued?

It is issued when there is an imminent risk that the life, physical integrity or liberty of a person is endangered by an act of domestic violence.

How long does the issuing take?

It is issued on the spot. It is not conditioned by the filing a criminal complaint; it is not entered the criminal record. 

What measures can it contain?

It may contain the following measures:

a) temporary eviction of the offender from the common dwelling, regardless of whether he is the owner of the property;

b) reintegration of the victim and, where appropriate, the children into the common home;

c) an obligation on the offender to maintain a specified minimum distance from the victim, from the members of the victim's family as defined in accordance with Article 5 or from the residence, place of work or educational establishment of the protected person;

d) requiring the offender to wear an electronic surveillance device at all times*;

e) order the offender to hand over to the police the weapons held.

How long is it valid?

It is valid for 5 days (120 hours). If confirmed by the prosecutor the validity of the OPP is taken over until the court pronouncement. 

Forms of control

It is subject to review by the public prosecutor, who either confirms it (in which case the public prosecutor refers the matter to the court) or orders the termination of the order (indicating the date and time when the OPP ceases).

Who issues it and when?

Issued by the court at:

- Application by the victim - the competent court is the court in whose district the victim's domicile/residence (even without legal forms) is located.

- Request of the prosecutor (who confirmed the OPP) - the competent court is the court in whose territorial district the provisional protection order was issued.

How long does the issuing take?

The request for the issuance of the restraining order shall be decided in an emergency, within 72 hours from the filing.

How is it issued?

• It is exempt from stamp duty

• It is not entered in the criminal record, as it is contained in a judgment issued by a civil court

• It is tried with the participation of the public prosecutor Both parties (the victim and the offender) receive free legal assistance through public defenders

What measure can it contain?

It may contain the following measures - obligations or prohibitions:

1. temporary eviction of the offender from the family home, regardless of whether the offender is the owner of the property; reintegration of the victim and, where appropriate, the children into the family home;

2. limiting the abuser's right of use to only part of the shared home where it can be shared in such a way that the abuser does not come into contact with the victim;

3. accommodation/placement of the victim, with his/her consent, and, where appropriate, of the children, in an assistance centre;

4. requiring the perpetrator to keep a specified minimum distance from the victim, the members of the victim's family, the protected person's residence, place of work or educational establishment;

5. prohibiting the offender from travelling to certain localities or specified areas which the protected person frequents or visits regularly;

6. an obligation on the offender to wear an electronic surveillance device at all times*;

7. prohibiting any contact, including by telephone, correspondence or any other means, with the victim;

8. order the offender to hand over to the police the weapons he possesses;

9. the custody of minor children or the establishment of their residence;

10. the payment by the perpetrator of rent and/or maintenance for the temporary accommodation where the victim, minor children or other family members live or are to live because of the impossibility of remaining in the family home order the abuser to undergo psychological counselling, psychotherapy 

Through the restraining order (OP) the court:

• may recommend voluntary admission or, where appropriate, request non-voluntary admission, under the terms of the Mental Health and Protection of Persons with Mental Disorders Act No 487/2002, republished

• may, with the consent of the person concerned, order his/her integration into a programme of assistance for drug users.

How long is it valid?

It can be valid for maximum 6 months. After the expiry of the restraining order (OP), a new request for issuing the OP can be made if the risk persists.

Forms of control

The court may order a measure to monitor compliance with the protection order and to prevent its violation, such as:

• requiring the offender to report regularly, at intervals determined by the court according to the circumstances, to the police station responsible for supervising compliance with the restraining order;

• an order requiring the offender to inform the police of his new home if the order has ordered him to be removed from the family home;

• regular and/or spontaneous checks on the whereabouts of the abuser.