In domestic violence cases, the police are obliged to intervene and ensure the protection of a victim from further danger. The police are the first to respond to domestic violence and they have the right under the Law on Police to issue a decision on separation to remove and ban the perpetrator from his/her residence for up to eight working days.
The Law on Police entitles both state and municipal police to effectively intervene in domestic violence emergencies and to issue a decision on separation to protect victims and their children from the dangers posed by the abuser. A decision on separation may include an obligation for a perpetrator to leave common housing and a ban on approaching the victim and her/his house and contacting her/him with any means of communication, including the use of third parties to transfer a message to the victim.
A decision on separation is in effect for up to eight working days, but during this period the court can issue an order on temporary protection against violence which shall provide for the protection of the victim for a prolonged time period, namely, as long as the protection is essential.
Decision on separation & Human rights
The police have both the right and the obligation to issue a decision on separation and to protect a victim and her/his children. If police fail to correctly assess the situation of domestic violence (for example, the specific nature of the domestic violence, a previous history of records on abuse) and, therefore, refuse to issue a decision on separation, it may result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – police) fails to effectively respond and provide protection to the victims of domestic violence in cases of immediate threats to their lives, freedom or health, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition of inhumane or degrading treatment, and the right to private and family life.
About this section
This section of the Guide will explain legal and practical procedures in cases where a victim has the right to demand that the police issue a decision on separation. Namely, how to recognize immediate threats to a victim’s life, health, liberty and security and what the procedures are to issue a decision on separation.