A victim can obtain a protection order by submitting an application to the civil court. The request shall be submitted within one-month term after the act of domestic violence.
How to prepare an application
The application for protection from violence shall be filled in written form and and shall contain:
- the names, the address and the unified civil number of the requesting person, the address of the Social Assistance Department; in case the victim cannot or does not wish to reveal his/her permanent or current address he/she can specify another address
- the names and the present address of the perpetrator or another address where he can be summoned, including telephone and fax
- data about the family, the kinship ties or the factual relationship between the aggrieved person and the perpetrator
- the date, the place, the method and other facts and circumstances regarding the committed domestic violence
- a signature
The form for the application can be completed in handwriting. No references to relevant laws or other legal reasoning are required in order for a victim to fill out and submit the form, or for the court to accept it and make a decision. Therefore, a victim may fill out the form without legal assistance, which is especially important when there is a need for immediate protection from violence. However, legal counselling is recommended when available, since the application will imply litigation in the future.
Evidence
In cases of temporary protection against violence, there is an exception regarding the submission of evidence proving the victim’s statement about the experienced violence. An affidavit as a part of the application must be signed, affirming that the facts about the experienced violence stated in the application are true. Such an affidavit is considered sufficient evidence for the court to grant the temporary protection against violence. Therefore, to get protection from violence, the victim is not obligated to submit any written evidence (e.g., police reports, hospital records, etc.), especially since she/he had never reported the violence before, prior to submitting the application to the court. Yet, if the victim has any references from the police or other institutions, the submission of those as evidence along with the application is recommended.
Where to submit an application?
The application must be submitted to the relevant district court of the place (address) at the permanent or current residence of the victim.
Fees
Victims of domestic violence are exempt from paying the state fee for submitting the application on temporary protection against violence.
When the request contains data about direct, immediate or following threat for the life or the health of the aggrieved person the district court shall, in a closed session, without summoning the parties, issue order for immediate protection in term of 24 hours after receiving the request.
Appeal
Where the court dismissed the application for interim protection or upheld it in part, the applicant (the victim) may appeal the decision by submitting an ancillary complaint within 7 days of the date of the receiving of the decision.
The ancillary complaint shall be submitted to the court which has made the decision (rejected an application for temporary protection). But the ancillary complaint must be addressed to the regional court. The court which issued the decision (rejected an application for temporary protection) shall send the ancillary complaint to the regional court.
The judgment of the regional court in these matters is final and is not subject to appeal.
The rejection of the application for protection order does not preclude the victim from re-applying to the court for interim protection if the threat from abuser is still existent.