Can you claim compensation from an abusive spouse in Poland? What victims of domestic violence need to know

People who have experienced physical or psychological violence at the hands of a spouse tend to focus, understandably, on ending the marriage as quickly as possible. What many do not realise is that Polish law gives them an additional tool: the right to claim compensation for the harm caused by the abusive partner, entirely independently of the divorce proceedings. How does this work in practice?

Table of contents

1. Two distinct claims – damages and compensation for non-material harm
2. The legal basis for these claims
3. What this looks like in practice – a case before the Poznań Regional Court
4. What you need to prove and how to prepare
5. Where to find help
6. FAQ

Two distinct claims – damages and compensation for non-material harm

Before going further, it is worth clarifying a distinction that is frequently confused. Damages (odszkodowanie, Article 444 of the Civil Code) are compensation for concrete, quantifiable financial losses – the costs of medical treatment, rehabilitation, travel to specialists, medication. These can be calculated from receipts and invoices.

Compensation for non-material harm (zadośćuczynienie, Articles 445 § 1 and 448 of the Civil Code) is something different: it is recognition of suffering, pain, the violation of dignity, and lasting deterioration of psychological health. This kind of harm cannot be captured in a spreadsheet, but Polish courts award it in real and meaningful amounts.

In a domestic violence case, the victim can pursue both claims simultaneously. They are separate legal demands, resting on separate legal bases, and they can be combined in a single lawsuit.

The legal basis for these claims

Several provisions of the Civil Code are relevant here, and they complement one another.

Article 444 of the Civil Code gives the right to claim reimbursement of all costs resulting from bodily injury or damage to health – including medical expenses, care costs, and even lost earnings where the violence caused an inability to work.

Article 445 § 1 of the Civil Code allows the court to award an appropriate sum in compensation for non-material harm in cases of bodily injury or damage to health. The court assesses what “appropriate” means by reference to the nature and intensity of the suffering, how long it lasted, and its impact on the victim’s life.

Article 448 of the Civil Code, read together with Article 24 of the Civil Code, protects personal interests (dobra osobiste) – health, dignity, physical integrity, freedom from fear. Domestic violence almost always violates these interests. Importantly, this provision can serve as a basis for a claim even where there is no permanent physical injury in the strict medical sense: it is sufficient that the victim’s personal interests have been violated.

The perpetrator is liable on these bases regardless of whether criminal proceedings have taken place or are ongoing. That said, a criminal conviction significantly strengthens the victim’s position in civil proceedings: the findings of a criminal judgment as to the commission of an offence are binding on the civil court.

What this looks like in practice – a case before the Poznań Regional Court

Judgments in cases of this kind rarely receive wide public attention, which makes it worth examining a concrete example. The Regional Court in Poznań, in its judgment of 17 November 2016 (case reference XII C 531/14), awarded a total of PLN 60,000 in compensation for non-material harm to a woman who had experienced years of physical and psychological violence at the hands of her husband.

The defendant had undergone addiction treatment on multiple occasions due to alcohol dependency. In 2004, he was convicted by a criminal court of sustained physical and psychological abuse of his wife and son – striking her, making death threats, and subjecting her to degrading verbal abuse. One blow was severe enough to cause a concussion of the labyrinth.

In its reasoning, the Regional Court explained that in setting the amount of compensation it had taken into account: the nature and repetition of the violations of the victim’s personal interests, the intensity of her physical and psychological suffering during the period of abuse, the fact that the violence had taken place in the presence of the couple’s child, and the lasting deterioration in her quality of life that resulted from it. The court considered PLN 60,000 to be an “appropriate” sum in the circumstances of that case.

The judgment illustrates several important points at once: Polish courts take these claims seriously; a prior criminal conviction of the abuser substantially simplifies the civil proceedings; and prolonged abuse – even where it has not left exclusively physical marks – is properly reflected in the court’s assessment of harm.

What you need to prove and how to prepare

The burden of proof lies with the person who has been harmed. It is for the victim to demonstrate that the violence occurred, that harm or loss was suffered, and that there is a causal connection between the perpetrator’s conduct and that harm or loss.

In practice, the most useful evidence includes: medical records from treatment received (medical certificates, hospital records, psychiatric or psychological assessments); receipts and invoices for medical and rehabilitation costs; witness testimony, including that of adult children who consent to giving evidence; and prior criminal or police proceedings, including any domestic violence intervention records (Niebieska Karta), police notes, and criminal judgments.

In our experience, victims of domestic violence often abandon these claims because they want to close this chapter of their lives as quickly as possible. That is entirely understandable. It is worth knowing, however, that claims arising from tortious conduct generally prescribe within three years from the day on which the victim became aware of the damage and the identity of the person liable. Where the damage was caused by a criminal offence, however, that period is twenty years from the date on which the offence was committed (Article 442¹ § 2 of the Civil Code). The window for action is therefore considerably longer than many people assume.

Where to find help

If you are experiencing domestic violence or need support, the following organisations offer free and confidential assistance:

Niebieska Linia (24-hour helpline, in Polish): 800 120 002 (freephone) | niebieskalinia@niebieskalinia.info

General emergency number: 112

Police: 997

Fundacja Feminoteka (support for women, in Polish): 888 88 33 88

FAQ

Can I claim compensation from a former spouse after the divorce has been finalised? Yes. Claims arising from domestic violence are entirely independent of divorce proceedings and can be pursued both during the marriage and after it has been dissolved. The granting of a divorce does not extinguish the right to seek compensation – both sets of proceedings can run in parallel or follow one after another.

Do I need a criminal conviction against the abuser to succeed in a civil claim? No, a criminal conviction is not a prerequisite. However, it significantly simplifies the civil case. The findings of a criminal judgment as to the fact that an offence was committed are binding on the civil court. Without a prior conviction, the victim must independently prove the violence occurred, which is more challenging but entirely possible.

How much can the court award? There is no statutory upper limit. The court assesses each case individually, taking into account the intensity and duration of the suffering, the lasting consequences for the victim’s health, and the impact on their daily life and relationships. The Poznań Regional Court judgment of 2016 (XII C 531/14) shows that in cases of prolonged abuse, awards in the tens of thousands of zloty are achievable.

Can I claim reimbursement of medical costs incurred many years ago? Yes, provided the claim has not prescribed. Where the harm was caused by a criminal offence, the limitation period is twenty years from the date of the offence (Article 442¹ § 2 of the Civil Code). Even so, it is advisable to act without unnecessary delay and to consult a lawyer to assess the position in your specific case.

Can damages and compensation for non-material harm be claimed in the same lawsuit? Yes. Both claims can be combined in a single set of proceedings. Damages cover quantifiable financial losses (medical costs, lost earnings); compensation for non-material harm covers suffering, pain, and violations of personal interests. They are separate legal demands resting on separate provisions of law, but there is no obstacle to pursuing them together.

I am a foreign national – can I bring this type of claim before a Polish court? Yes. If the relevant events took place in Poland or the parties are resident in Poland, Polish courts have jurisdiction and Polish law applies. The framework described in this article applies fully regardless of the parties’ nationality. One practical consideration for foreign nationals: proceedings before Polish courts are conducted in Polish, which means legal representation by a Polish-qualified lawyer is strongly advisable. Your lawyer can advise you on jurisdiction and on whether any parallel claims might be available in another country.

What is the difference between this type of claim and the fault finding in divorce proceedings? These are entirely separate legal mechanisms. A finding of fault in divorce proceedings (orzeczenie o winie, under Article 57 of the Family and Guardianship Code) affects certain post-divorce consequences, in particular maintenance obligations. A civil claim for damages and compensation for non-material harm is brought under the Civil Code and concerns financial redress for the harm suffered. The two can be pursued simultaneously – the fault finding in the divorce proceedings does not replace or preclude the civil claim.

Do you have concerns about contact with your child or about your child’s safety? Call: +48 531 335 713 or email: kancelaria@prawnikodrozwodu.pl

This article is for general informational purposes only and does not constitute legal advice. Every family law case is individual and requires analysis of the specific facts and documents involved. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For advice tailored to your situation, please contact our office.

Kancelaria Prawa Rodzinnego (Family Law Office): Adwokat Michalina Koligot, Adwokat Marta Krzyżanowicz, Adwokat Anna Konrady, Radca prawny Joanna Jędrzejewska ul. Mickiewicza 18a/3, 60-834 Poznań | tel. +48 531 335 713 | kancelaria@prawnikodrozwodu.pl | www.prawnikodrozwodu.pl