EFFECTIVE PROTECTION OF HOUSEHOLD MEMBERS FROM VIOLENCE (ON THE BASIS OF POLISH LAW)

Description

One of the significant social problems that require the introduction of appropriate legal regulations by individual European countries is domestic violence.
The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence was drawn up in Istanbul on 11 May 2011. The Istanbul Convention became part of Polish law on 1 August 2015, and the European Union became a party to it in May 2023.
In Poland, in 2020 and 2023, acts were passed in order to introducing legal regulations allowing for the taking of actions guaranteeing protection against domestic violence. It was envisaged that the Police would issue an administrative act during an intervention at the scene.
Such an order is valid for 14 days, but the person affected by violence may file an application to extend its validity under the institution of judicial civil procedural law in the form of security for the claim.
The basis for such legal protection is, however, a civil court proceeding in which a ruling is issued regarding the obligation to leave or a prohibition to approach the premises by the perpetrator of violence.