What is the procedure for issuing a decision on separation?
First action – a call to the police
If there is an emergency related to domestic violence and the life and health of the victim or her/his children is in danger because of the perpetrator’s abusive behaviour, the victim can call the police emergency line on 110 or the general emergency line on 112. These telephone lines are free of charge, operate 24 hours a day, are reachable from mobile and regular phones and connect to every police station. All conversations are recorded.
Decision on separation
Under the existing legal framework, a decision on the separation may be taken without written application if there is an immediate threat to the victim.
The decision on separation is adopted and enforced immediately on the scene, which means that once the decision on separation is issued, the perpetrator is obligated to leave the common residence in the presence of the police officers who responded to the call and made the decision.
The police decision on separation is an administrative act which can be appealed to a higher authority within one month. This authority will be specified in the decision. An appeal will not suspend the effect of the police decision.
The legal framework regarding the decision on separation is made according to the principle that the rights of the victim to life, physical and psychological integrity prevail over the property rights of the perpetrator. Therefore, the perpetrator of domestic violence can be temporarily removed and banned from his/her residence, even if he owns that property or if that residence is his declared address.
Request for temporary protection against violence
If a decision on separation is issued, the victim has the right to submit an application for temporary protection against violence to the police officer, which shall be in effect for a longer period of time. Police are under an obligation to deliver this application to the civil court no later than the next weekday. The court is obliged to issue an order on temporary protection against violence on the next weekday at the latest, after receiving the application. The police officer shall inform the victim about the date and the address of the courthouse, and where to get a hard copy of the court order on temporary protection against violence. Read more about temporary protection against violence.