The procedure to obtain a court order on temporary protection 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 order on temporary protection on the next working day in cases of emergency or, within 20 days at the latest otherwise.
Timeframe and procedure
The court usually makes the decision on temporary protection against violence within one working day after receiving the application without organizing a court hearing. However, if the victim/claimant has asked for the court to request more evidence from the police or other institutions or if the court considers that the evidence does not appear sufficient in order to make the decision, the court sets a hearing and makes the decision within 20 days after receiving the application.
The involved parties are informed prior to the hearing. The hearing is closed to the public, and it is attended only by the parties involved and their representatives or lawyers, if such are invited. If the applicant refuses to meet the abuser in person, hearings may be organized in separate sessions, based upon a request from the applicant. The court order shall be issued regardless of the defendant’s failure to appear at the court.
Enforcement
The court’s decision on temporary protection against violence enters into force immediately and is 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 with the attending police officers to ensure the victim’s safety. 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 Law.