The procedure to obtain a court protection order against violence has specific regulations as opposed to other civil procedure remedies. Since the protection of the victim requires due diligence and an immediate response, the court is obliged to issue the immediate protection order within 24 hours after receiving the request in cases of direct, immediate or following threat for the life or the health of the aggrieved person When there are no other evidences the court issues order for protection only on the basis of the attached affidavit.
Timeframe and procedure
The court usually issues the order for immediate protection against violence within 24 hours after receiving the application without organizing a court hearing. On the same day the court sets the first hearing. In the procedure for issuing of order for protection are admissible all evidence means under the Civil Procedure Code and the records, the reports and other acts, issued by the Social Assistance Departments, by physicians, as well as by psychologists, who consulted the aggrieved person; the documents, issued by providers of social services licensed under the Social Services Act; the declaration of Art. 9, para 3. The court makes the decision in the last hearing of the trail. Often courts issue the decisions one month after the last hearing.
Enforcement
The court’s decision on protection order against violence should be sent to the police for enforcement. Therefore, if the court has ordered the perpetrator to leave the common residence, the police will introduce the decision to the perpetrator and will order that person to leave the residence.. The police are also obligated to control whether or not the perpetrator complies with the preventive measures ordered by the court. If the perpetrator does not comply with the measures set by the court, he/she can be held responsible under the Criminal Code.