Domestic Violence — Legal Assistance in Poznań
Domestic violence is an area where law and personal safety intersect in a uniquely direct way. If you are in a dangerous situation — or if you need to protect your children — there are specific legal tools that can be activated quickly. You do not have to wait for a divorce judgment or for criminal proceedings to conclude before you can obtain protection.
We assist victims of domestic violence in using these tools — promptly and without unnecessary delay.
Tel.: +48 531 335 713 | kancelaria@prawnikodrozwodu.pl
What Is Domestic Violence Under Polish Law?
Since June 2023, an amended Act on Counteracting Domestic Violence (ustawa o przeciwdziałaniu przemocy domowej, Journal of Laws 2023, item 535) has been in force, which significantly extended both the definition of domestic violence and the scope of available protection.
Domestic violence is defined as a single or repeated intentional act or omission that violates the rights or personal interests of the person experiencing the violence — in particular by exposing them to a risk to life or health, or by violating their dignity, physical integrity, liberty or sexual autonomy.
The Act recognises several forms of violence. Physical violence — hitting, pushing, grabbing, choking. Psychological violence — threats, controlling behaviour, isolating the victim from family and friends, humiliation. Sexual violence — coerced sexual activity. Economic violence — depriving the victim of financial means, controlling finances, preventing the victim from working. Cyber-violence — harassment through the internet and electronic devices.
The perpetrator does not have to be a spouse. The Act protects all family members, people living together on a permanent or irregular basis, and former partners.
What Legal Protection Is Available?
Order to Vacate the Home and Restraining Order
This is the fastest and most effective form of protection available. Under Art. 11a of the Act on Counteracting Domestic Violence, the court may order the perpetrator to vacate the jointly occupied home and prohibit them from approaching the victim — even if the perpetrator is the owner or co-owner of the property.
The application may be filed by the victim, the public prosecutor, or in certain circumstances by the police or a social worker. The court may deal with it on an urgent basis, without prior notice to the perpetrator. The order may be issued before the first hearing — as an interim measure for the duration of the proceedings.
Prohibition on Contact
The court may prohibit the perpetrator from making any contact with the victim — in person, by telephone, through messaging applications or through third parties. Since the 2023 amendment, it is also possible to order the perpetrator to refrain from specific behaviours — including online harassment.
Interim Relief in Civil Proceedings
In divorce proceedings or proceedings for the protection of personal interests, the court may on application grant interim relief by ordering the perpetrator to vacate the home (Art. 756¹ of the Code of Civil Procedure). This relief can be granted at the point of filing the petition and takes effect immediately upon the court’s decision.
Criminal Proceedings
Physical or psychological abuse of a close family member or a person in a relationship of dependence constitutes a criminal offence under Art. 207 of the Penal Code (Kodeks karny), carrying a custodial sentence of between three months and five years — or up to ten years in cases of particular cruelty. Harassment and stalking are governed by Art. 190a of the Penal Code.
A criminal complaint may be filed with the police or the public prosecutor’s office — orally or in writing. Criminal proceedings are initiated ex officio, which means the victim does not have to maintain the prosecution themselves.
The Blue Card Procedure (Procedura Niebieskie Karty)
Where the police attend an incident, or where domestic violence is reported by a school, social services or healthcare professional, the Blue Card procedure is activated. This is a multi-agency response — involving the police, social workers, schools and other institutions — aimed at protecting the victim and separating the perpetrator.
The procedure may be initiated without the victim’s consent and without a formal criminal complaint being made. Its existence in the file can carry significant evidential weight in subsequent court proceedings.
How to Document the Violence
Good documentation is critical — in criminal proceedings, in a divorce case and in an application for an order to vacate the home.
Evidence worth gathering includes: photographs of injuries with date and time stamps; medical certificates describing injuries; printed text messages and emails; screenshots from social media; any recordings available; witness statements from neighbours, family members or the children’s teachers; notes of the dates and circumstances of individual incidents; and confirmation of police attendances with incident reference numbers.
The earlier you begin documenting, the stronger your position will be in every set of proceedings. We advise on which evidence matters most in your specific situation and how to preserve it.
Domestic Violence and Divorce
In cases where domestic violence has occurred, we always recommend pursuing a divorce with a fault finding. A finding that the perpetrator spouse is solely at fault has real financial consequences — it affects the right to claim spousal maintenance and can be a factor in the division of marital property.
Evidence gathered for criminal proceedings or in the context of the Blue Card procedure can be used in the divorce case. This matters — you do not have to build the case from scratch for each set of proceedings.
We also assist with obtaining interim maintenance and interim contact arrangements during the divorce proceedings — so that the victim’s financial position is stable from the day the petition is filed.
When the Violence Involves Children
Where the perpetrator is violent towards children, or where children witness domestic violence — which Polish law recognises as a form of harm in itself — immediate action is possible. The family court (sąd opiekuńczy) may on an urgent basis restrict or suspend the perpetrator’s contact with the children, and in extreme cases limit or remove their parental authority altogether.
In cases involving children we act as a priority.
Why Have a Lawyer in a Domestic Violence Case?
Domestic violence cases typically run on several tracks at the same time — criminal proceedings, a civil application for an order to vacate the home, divorce proceedings and matters concerning the children. Coordinating all of these while in a state of crisis is extremely difficult to do alone.
A lawyer identifies which proceedings to initiate first and ensures that evidence gathered in one case strengthens the others. They manage deadlines, file applications for interim relief and respond to developments as they arise — for example if the perpetrator breaches a court order.
It is also important to acknowledge that a person experiencing domestic violence is often not in a position to assess their own legal situation clearly in such a difficult moment. That is precisely what lawyers are there for — to make that assessment and to act on it.
Preparing for Your First Consultation
In domestic violence cases we act as a priority. If the situation is urgent, please tell us when you call to make the appointment.
Bring whatever you have — medical certificates, printed messages, photographs, police incident reference numbers. If you have nothing, that is not an obstacle. We will start by assessing the situation and establishing what can be done immediately.
The first consultation costs 400 PLN and lasts 60–90 minutes. If you decide to work with us, the consultation fee is credited towards our overall fee.
Frequently Asked Questions
Does the perpetrator have to leave the home if they own it? Yes. An order to vacate can be issued regardless of who owns the property. Ownership of a home does not give anyone the right to use violence against the people who live there.
Can I obtain protection without making a criminal complaint? Yes. An application for a civil order to vacate the home is entirely independent of criminal proceedings. You can seek civil protection without initiating a criminal case — although in many situations it is worth pursuing both in parallel.
What if the perpetrator breaches the court order? Breaching an order to vacate or a restraining order is itself a criminal offence. Every breach should be reported to the police immediately and documented. The court can impose stronger protective measures in response to repeated breaches.
Are psychological and economic violence treated the same as physical violence? Yes — since the 2023 amendment to the Act, all forms of domestic violence, including psychological, economic and cyber-violence, carry the same legal protection as physical violence.
Contact Us
In domestic violence cases we act as a priority. If you need immediate assistance — please call.
Kancelaria Prawa Rodzinnego 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 | prawnikodrozwodu.pl
Office hours: Monday–Friday, 8:00–16:00 Consultations in person and online. First consultation: 400 PLN.
This page is for general informational purposes only and does not constitute legal advice. Legal information current as of January 2026.