Правната природа на заповедта за защита от домашно насилие и нейните гражданско правни и наказателноправни последици
The legal nature of domestic violence protection orders and its civil and criminal implications

Summary/Abstract: Orders for protection from domestic violence are judiciary and legal acts. Order for protection under Art. 12 and Order for immediate protection under Art. 18 from the Act on Protection from Domestic Violence are a separate substantive category of judiciary acts. They follow specific protocols for proving and establishment and employ a separate kind of evidence. The object of protection is a civil right whereas by means of order the court does not re-establish it, neither does the court replace it, but the court guarantees its existence and therefore provides for its exercise. Orders for protection from domestic violence are accessory acts – they are always based on a primary, major judicial act – thus they are consistent continuation of the court’s will. Its nature is protection and security and bears the traits of a legal dispute however the legal consequences are not settling the dispute but, in stead, guaranteeing protection and exercise of a material right. These orders have consequences of criminal character and the executive act under Art. 296 from the Criminal Code is also an act of domestic violence if the latter orders inactivity.

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