ISSN: 2657-800X
search
2020, t. 3, nr 2 (6), poz. 24
2020, Vol. 3, No. 2 (6), item. 24
2020-12-12
views: 159 |
downloads: 104 |

Monika Strus-Wołosschool

Walking on a minefield. New provisions of civil procedure obliging a person that uses domestic violence to leave the jointly occupied flat and its immediate surroundings or prohibit approaching the fl

The article is devoted to a new legal mechanism introduced to the Code of Civil Procedure. It allows for an immediate order for a person using domestic violence to leave the flat and its immediate surroundings shared with the victim, or a ban on approaching the flat and its immediate surroundings, despite the lack of criminal proceedings. Such an order/prohibition may be issued not only by a court, but also by a policeman and military gendarme.
The regulations entered into force on November 30, 2020 and are controversial for many reasons, including the 3-day time limit for lodging a complaint. The author points to significant errors in the regulations introducing the indicated mechanism as an example of disastrous legislation.


Keywords: civil proceedings, order to leave the apartment, prohibition of approaching a person and place, legislation.


This article is published in Polish