Friday, November 17, 2017

Part Nine

PROTECTION FROM DOMESTIC VIOLENCE

Domestic Violence

Article 197

(1) Domestic violence, in terms of this Act, is the behavior by which one family member endangers the physical integrity, mental health or tranquility of another family member.

(2) Domestic violence, in terms of paragraph 1 of this Act, is in particular:
                        1. inflicting or attempting to inflict a bodily injury;
                        2. incitement of fear by threatening to murder or inflict a bodily injury to a member of the family or another person close to him/her;
                        3. forcing to sexual intercourse;
                        4. abetting to sexual intercourse or sexual intercourse with a person who has not reached fourteen years of age or an incapable person;
                        5. restricting of freedom of movement or communication with other persons;
                        6. insulting, as well as any other insolent, unscrupulous or malevolent behavior.

(3) Members of the family, in terms of paragraph 1 of this Act, are:
                        1. spouses or former spouses;
                        2. children, parents and other blood relatives, in-law or adoptive relatives, and persons related by foster care;
                        3. persons who live or have lived in the same family household;
                        4. cohabitees or former cohabitees;
                        5. persons who have been or still are in a mutual emotional or sexual relation, or have a common child, or the child is to be born, although they have never lived in the same family household.

Protective Measures

Article 198

(1) A court may order one or more protective measures against domestic violence pertaining to a family member who acts violently, temporarily prohibiting or limiting the maintenance of his/her personal relations with another family member.

(2) Protective measures against domestic violence are:
                        1. the issuance of a warrant for eviction from a family apartment or house, regardless of a right to property or a lease to immovable property;
                        2. the issuance of a warrant for moving into a family apartment or house, regardless of a right to property or a lease to immovable property;
                        3. prohibition of getting closer to a family member than a certain distance;
                        4. prohibition of access to the vicinity of the place of residence or workplace of a family member;
                        5. prohibition of further molestation of a family member.
(3) A protective measure against domestic violence may not last longer than one year.

(4) The time spent in custody as well as any detainment related to a criminal act or offense is counted in the time of duration of the protective measure against domestic violence.

Prolongation of a Protective Measure

Article 199

A protective measure against domestic violence may be prolonged until the reasons for which it had been ordered cease to exist.

Termination of a Protective Measure

Article 200

A protective measure against domestic violence may be terminated before the expiry of its duration if the reasons for which it had been ordered cease to exist.