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Legal Aspects of Domestic Violence in the Light of Amendments to the Police Act and Other Acts

Violence in the family is an important social issue and one of the most dangerous pathological problems leading to victimisation. It can take various forms, namely physical, psychological, economic and sexual abuse, and each time it causes multi-level consequences for all family members. The extent of domestic violence and its consequences show that the binding regulations of the Act on Counteracting Domestic Violence, as well as of the Code of Criminal Procedure, referring among others to the order for the perpetrator of domestic violence to leave the place of residence, have often proved insufficient in practice. It was therefore necessary to introduce more effective instruments of the legal protection of a person subjected to violence into the Polish legal system, allowing, inter alia, to order the offender to leave the place of residence with immediate effect. It was additionally improved by allowing the court, as a form of safeguarding measures under the provisions of the Code of Civil Procedure, to extend the validity of an order or a ban issued by the Police or Military Police for a further period of more than 14 days, as well as by speeding up the proceedings related to obliging a violent person to leave a shared dwelling and its immediate vicinity or bar him or her from the dwelling and its immediate vicinity. This was expressed in the Act of 30 April 2020 on amending the Act - the Code of Civil Procedure that came into force on 30 November 2020 and in some other acts. The introduced regulations will make it possible to ensure the safety of a person affected by violence who will not have to leave the dwelling to seek shelter for themselves and their children, and should also contribute to the improvement of victims’ situation and measures taken to counteract violence in the family.

