Victims, their family members and/or, with the consent of the victim, a social worker or a person who provides medical, legal or psychological assistance to the victim, may apply for a protective order. In cases of violence against a child, the issuance of a protective order may be requested by the relevant guardianship and custody authority.
How to prepare an application
The application must be submitted in writing and must contain the following information/data:
- the name and surname of the person submitting the claim
- the residential address of the person submitting the claim
- the description of factual circumstances
- the information about the perpetrator, the victim and their relationship
- the list of evidence the request for annulling or making a change to the restraining order
- the signature of the claimant
Evidence
For the issuance of a protective order, the main thing is to confirm the fact of violence, which is established based on the explanations and evidence of the parties. The following evidence may be attached to the application for the issuance of a protective order:
- testimony of witnesses who have information about the violence
- message about violence entered in 112
- health certificate, if applicable
- police report, if applicable
The victims of violence shall submit to the court any other information or documents indicating the fact of possible violence.
Where to submit an application
The application must be submitted to the relevant district court of the place (address) where the violence occurred. Therefore, the specific address must be mentioned in the application.
Fees
Victims of domestic violence are exempt from paying the state fee for submitting the application on temporary protection against violence.
Appeal
Where the court dismissed the application for interim protection or upheld it in part, the applicant (the victim) may appeal to the court of appeals within 3 days after a reasoned decision is served on a party.
Appealing the decision shall not suspend the effect of the protective order issued. The court of appeals shall deliver the decision on appeal within 7 days after filing the appeal, under the procedure established by this article. The decision of the court of appeals shall be final and shall not be subject to appeal.