Domestic violence and divorce are two matters that frequently run in parallel – and that influence each other significantly. A person experiencing violence has a range of legal tools available that can ensure their safety before a divorce judgment is even issued. It is worth knowing what they are and acting as quickly as possible.

Immediate Protection – Before Filing the Petition

Personal safety is more important than any court proceedings. If you are in immediate danger – call 112.

The Blue Card procedure. The Blue Card procedure is initiated by the Police, a social worker, a healthcare professional, a teacher or a representative of a non-governmental organisation where there is reasonable suspicion of domestic violence. It does not require a criminal report to be filed – a notification is sufficient. The procedure triggers a range of support measures and documents the violence, which is significant in subsequent proceedings.

An order to leave the home. Under the Act on Counteracting Domestic Violence, the Police may issue the perpetrator with an order for immediate removal from the shared home and its immediate surroundings, together with a prohibition on approaching the home. The order is issued for 14 days and may be extended by the court at the request of the person affected by the violence.

Reporting the Criminal Offence of Abuse

Physically or psychologically abusing a close family member is a criminal offence. The basic penalty is imprisonment of between three months and five years.

Where the abuse is directed at a vulnerable person due to their age or physical or mental condition – the penalty increases to between six months and eight years.

Where the conduct involves particular cruelty – imprisonment of between one and ten years.

Where the consequence of the abuse is the victim’s attempt on their own life – imprisonment of between two and fifteen years.

A criminal report can be filed with the Police or the prosecutor’s office. Evidence gathered in criminal proceedings may be used in the divorce case.

Interim Measures in Civil Proceedings

During divorce proceedings or separate civil proceedings you may apply for interim measures. The court grants protection in whatever way it considers appropriate in the circumstances – in particular it may regulate the rights and obligations of the parties during the proceedings, impose a restraining order, and regulate the arrangements for care of the children and contact with them.

The court may consider an application for interim measures very quickly – even without a hearing. Where domestic violence is credibly established, an order may be issued immediately.

Divorce With a Finding of Fault Against the Abusive Spouse

Domestic violence is a typical cause of the breakdown of a marriage that justifies a finding that the abusive spouse bears sole fault for the breakdown.

A finding of fault has practical financial significance. Where one spouse is found to bear sole fault and the divorce results in a significant deterioration in the innocent spouse’s financial situation, the court may order the solely guilty spouse to contribute to meeting the innocent spouse’s justified needs – even where the innocent spouse is not in a state of poverty.

This obligation does not expire after five years in the way it does where the obliged party is the innocent spouse – it continues until the entitled spouse remarries.

Eviction of the Abusive Spouse From the Shared Home

In exceptional cases, the divorce court may order the eviction of a spouse whose grossly reprehensible conduct makes living together impossible – at the other spouse’s request. In deciding on the shared home, the court takes into account above all the needs of the children and the spouse to whom it entrusts the exercise of parental authority.

Emergency eviction is also available under the domestic violence legislation without waiting for the divorce judgment.

Child Custody and Contact in a Violence Situation

The divorce court rules on parental authority and parental contact with the child. Where the abusive spouse is a parent of the shared children, the court may restrict or prohibit their contact with the children if the children’s best interests require it.

In urgent cases, interim contact arrangements can be sought during the proceedings – with a prohibition on personal meetings or an order for supervised contact in the presence of a third party.

Maintenance During the Proceedings

Divorce proceedings can last many months. During this time you may apply for interim maintenance for the children and for yourself – the court can award temporary maintenance at the outset of the proceedings without waiting for the final judgment.

Where to Find Help

The Police – call 112 or 997 in the event of immediate danger.

Niebieska Linia – the national helpline for victims of domestic violence: 116 123.

Social welfare centres – can initiate the Blue Card procedure and provide support.

Specialist support centres for domestic violence victims – provide shelter, psychological support and legal assistance.

A lawyer – essential where criminal and divorce proceedings are running in parallel.

Do you need legal help with a divorce in a domestic violence situation? Call: +48 531 335 713 or write to kancelaria@prawnikodrozwodu.pl

This article provides general legal information and does not replace individual legal advice in a specific case. Every family law matter requires analysis of the specific circumstances and documents. The law firm accepts no liability for actions taken on the basis of the information contained in this article. For legal advice tailored to your situation, please contact our law firm.

We invite you to contact the Family Law Practice: 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