Domestic violence is behavior by one family member that endangers the physical integrity, mental health, or peace of another family member, especially:
- causing or attempting to cause bodily injury;
- instilling fear by threatening to kill or injure a family member or a person close to them;
- forcing sexual intercourse;
- inducing sexual intercourse or having sexual intercourse with a person under 14 years of age or a powerless person;
- restricting freedom of movement or communication with third parties;
- insulting, as well as any other rude, reckless, and malicious behavior.
Against a family member who commits violence, the court may impose one or more protective measures to prevent domestic violence, temporarily prohibiting or restricting personal contact with the other family member. These measures can last up to one year but may be extended by filing a new claim as long as the reasons for the measure persist. They may also end before the expiration of the set period if the reasons for the measure cease to exist.
Protective measures against domestic violence include:
- Issuing an order to evict the perpetrator from the family apartment or house, regardless of property ownership or lease rights;
- Issuing an order to allow entry into the family apartment or house, regardless of property ownership or lease rights;
- Prohibition of approaching the family member within a specified distance;
- Prohibition of access to the area around the residence or workplace of the family member; and
- Prohibition of further harassment of the family member.
Proceedings for protection against domestic violence are initiated by filing a lawsuit. A lawsuit for imposing or extending a protective measure can be filed by: the family member who suffered the violence, their legal representative, the public prosecutor, or the guardianship authority. A lawsuit to terminate the protective measure can be filed by the family member against whom the measure was imposed.
These proceedings are considered urgent, with very short deadlines for action and decision-making. Appeals in such cases do not have a suspensive effect.
Domestic violence is also a criminal offense, so protection can also be sought through criminal proceedings by filing a criminal complaint, after which competent state authorities undertake necessary actions ex officio.