Counteracting Domestic Violence in The Polish Civil Procedure
Counteracting Domestic Violence in The Polish Civil Procedure

Summary/Abstract: This publication is an analysis of Polish regulations concerning proceedings in cases for obligating the perpetrator of domestic violence to leave the jointly occupied residence and its immediate surroundings or prohibit approaching the residence and its immediate surroundings. These regulations are intended to ensure protection of a person experiencing domestic violence on the basis of civil proceedings by introducing comprehensive solutions allowing for quick isolation of a person affected by violence from the person using violence, in situations where the latter poses a threat to the life or health of the household members. The implementation of the above goal is possible thanks to the introduction of, following the example of Austria, immediately enforceable isolation measures to protect victims of domestic violence, which are: an occupation order and a restraining order, and additionally ensuring the improvement of proceedings and curbing the phenomenon of prolonging pending proceedings in cases of separating a person suffering from violence from a person using such violence. The author of this publication wants to show that effective counteracting domestic violence is also possible on the basis of civil proceedings, and not only through criminal proceedings. The work uses the dogmatic-legal and comparative-law methods.

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