A victim of domestic violence may apply to the court for protection against violence in the case of any kind of physical, sexual, psychological or economic violence which has taken place between former or existing spouses, or other mutually associated persons, regardless of whether the perpetrator shares or has shared a common household with the victim.
Court protection against violence diminishes the abuser’s control, threats and manipulation and it is crucial for a victim to exit the violent relationship, exercise her/his rights, settle disputes regarding the divorce, child custody, alimony, and to recuperate from the abuse experienced in the relationship. Psychological and social assistance and support may be more effective if the safety of the victim is secured.
Court protection & Human rights
A court order on temporary protection against violence is one of the remedies that the State may take to ensure the protection of victims’ rights. If the court fails to issue a protection order without any lawful grounds, it may result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – the court) fails to effectively respond and provide protection to the victims of domestic violence in cases of immediate threats to their lives, freedom or health, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition of inhumane or degrading treatment, and the right to private and family life.
About this section
This section of the Guide will explain what protection victims can request from the court and which procedures take place to gain the protection order and what to do when the order is violated by the perpetrator.