Multiple measures to protect against domestic violence?

What is domestic violence?

Domestic violence It can be expressed in actions when one family member, current or former partner attempts to exercise violence or psychologically abuse the other partner or family member.

Domestic violence is committed by and against persons who are in a family relationship or in a de facto marital relationship. It can refer to violence by one spouse against the other when they are in a marital relationship, a parent against a child, but also by a partner against a partner when the persons are not married. Domestic violence can also be observed among persons who share a common home, for example between roommates.

You can read answers to the main legal questions related to domestic violence in our article on the topic.

С solution from 26.11.2020 the Supreme Court of Cassation (SCC) answered a question related to The Law on Protection from Domestic Violence (PLDA), which until recently was decided controversially by the courts.

„"Is an application under the LDPA for judicial protection against a new act of domestic violence admissible, following a protection order issued in favor of the same victim under Art. 15, para. 2 LDPA, by which a measure under Art. 5 LDPA has been imposed on the same defendant/perpetrator, the term of which has not expired?"“

was the question answered by the supreme judges.

Before the Supreme Court of Cassation (SCC) decision, some courts held that if a person has a valid domestic violence protection order in their favor, that person has no interest in requesting a new order, even if a new act of violence has been committed.

Other judges held that a new application for protection was admissible if the same abuser committed a new act of domestic violence.

The Supreme Court resolved this contradiction by holding that:

A current measure against domestic violence is not an obstacle to seeking protection again!

For different acts of domestic violence against the perpetrator, different measures of degree, intensity and duration may be imposed, which is also in line with the above conclusion.

The Supreme Court justices emphasize that liability under the Domestic Violence Protection Act (DVAPA) does not exclude civil, administrative and criminal liability.

„"Since each act of domestic violence as a form of violence has a different nature, intensity and consequences and the law provides for different measures of protection from domestic violence, each measure of protection should be appropriate to the committed act according to its severity, duration and consequences. The purpose of the protection under the Domestic Violence Act is to stop the assault committed against the applicant, only after which the preventive and deterrent effect of the protective measure imposed on the perpetrator will manifest itself."“.

Indeed, if a certain measure has already been taken against the same perpetrator of domestic violence, then once the violence has been repeated, this measure has not fulfilled its purpose – to protect the victim. That is why there is no obstacle to requesting new protection again, once there is a new act of violence.

The Supreme Court justices point out that proceedings under the Domestic Violence Protection Act (DPVA) provide guarantees of protection for both parties in the process. „"If it is accepted that the applicant lacks a legal interest in filing a request for protection in the event of a new, subsequent act of domestic violence, then the right of defense of the injured person will be seriously violated.

The subsequent application cannot be qualified as admissible or inadmissible before the court has established whether a protection measure has already been imposed for the relevant act of domestic violence, as well as whether the application does not concern a new type of act of domestic violence committed by the defendant, regardless of whether he has complied with the court order issued on a previous application.“