In many cases, an exit process from a violent relationships implies the settling of a number of related civil disputes. During the period of protection provided by the court, the victim can consider and file civil lawsuits to the court to settle disputes regarding divorce, the custody of children and others.
Types of other disputes
Under the current legal regulation, the application for temporary protection against violence can be linked to the so called “base claim” which must be mentioned in the application, i.e., the victim/claimant: 1) has already brought a claim against the perpetrator/defendant, or 2) is planning to bring a claim against the perpetrator/defendant.
The following “base claims” can be indicated in the application for temporary protection:
- Divorce or the annulment of marriage
- In the case of personal invasion, i.e., for damages or moral compensation
- Spousal support
- Child support
- The division of joint property, or the terms of the property where the parties live together
- Child custody and visitation rights
Timeframe for bringing the claim
If the victim of violence has applied for preventive measures before the “base claim” is brought, the court will set a time limit for bringing the claim. The time limit specified in the decision cannot be longer than one year after the decision is adopted. In cases where the defendant is obliged to leave, and the prohibition on returning or staying in the common residence, the time limit must be no longer than 30 days.
Effect of preventive measures
If the claim is brought, the preventive measures are prolonged, usually until the “base claim” is decided and a judgment of the court in the case has entered into force. In its judgment, the court may also state that the applied preventive measures in the particular case are to stay in force even after the judgment enters into force, but no longer than one year after that. In cases where the defendant is obliged to leave and the prohibition on returning or staying in the common residence, the preventive measures may be prolonged no more than 30 days after the judgment enters into force.
If the claim is not brought within the time limit set by the court, preventive measures do not automatically cease to be effective after the specified time limit has passed. For the preventive measures to cease to be in force, a special application by any of the parties must be submitted to revoke the preventive measures, which then cease to be effective only after the court makes such a decision.
There are no legal implications against the victim/claimant if she/he decides not to bring the claim against the perpetrator/defendant after the preventive measures are granted as stated in the application. However, if the claim is not brought within the time specified in the court’s decision, then the perpetrator may submit an application to revoke the preventive measures.