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The purpose of the solutions introduced in anti domestic violence act is to enable efficient isolation of a person affected by domestic violence from its perpetrator. The key amadement is the authorization of police officers and, in some cases military police, to issue in order to immediately leave shared premisses and its immediate surroundings against a person using domestic violence posing a threat to the life or health of a person affected by the violence.

What is worth to know about this New institution?

• The Police will be able to issue this order in the course of intervention in the apart mentor as result of learning about the use of domestic violence, in particular when reported by a person affected by this violence, a probation officer or social assistance institutions.
• The order will be immediately enforceable.
• Police officers are obliged to check if it is observed at least three times during period of its validity
• The person against which the order is issued is entitled to make a complaint against it, within three days from the day of its delivery. This complaint should be examined by the court immediately, but not later than within 3 days from the day of its reception.
• The duration of the order is 14 days. However, it may be extended by the court as a form of protective measures taken in the procedure regarding the obligation of a person using domestic violence to leave a shared premises.

This procedure is an already existing form of judicial non-litigious procedure based at the Act on preventing domestic violence and the provisions of the Code of Civil Procedure, which allows to isolate person experiencing domestic violence from its perpetrator after judicial review of their motion.  Newly introduced order is complementary because its issued by the police without a long process attributed to the judicial procedure.

However, it is worth to mention that these new amendments introduce some modification in the existing procedure as well;

• exemption from the court fees for person experiencing domestic violence (in this particular procedure)
• 3 day period for the examination of the motion to take protective measures
• one month period for the final settlement, since the day of submission of the motion
• one month period for the examination of the appeal
• possibility to submit the motion on an offial form and several changes in terms of documents delivery in cours of proceedings.

All of these laws will enter into force 6 months after the promulgation on  November 30, 2020.