Weekly Briefing, Vol. 27, No. 3 (PL), March 2020
Amendments to the Civil Procedure Rules – the new “anti-violence” law
On March 3, 2020, the Polish government adopted an amendment to the Civil Procedure Rules, which provides for the introduction of a separate and rapid process for ordering a person using domestic violence to leave the apartment and forbid approaching it. The act – referred to as the “anti-violence” law – was already announced in June last year, but work on it lasted for the next few months. The current law brings hope to family members who are going through the hardships of housing with their torturers – in particular women and children who have not had adequate legal protection so far.
The new “anti-violence” act
Presently, thanks to the new law, Poland joins countries where victims of domestic violence can count on immediate and effective help. This is a very important change that will facilitate the functioning of people, both adults and children, who are victims of violence used by one of the family members. According to the new regulations, the perpetrator of physical violence threatening the life or health of the household members must immediately leave the flat. He/She will also be barred from approaching his/her victims. The police, as well as the military police, will be obliged to instantly enforce these sanctions and the courts will deal with the case quickly.
As emphasized by the Ministry of Justice, responsible for preparing the act, during a press conference on March 3: “In cases of domestic violence, very fast action is crucial. And it will finally be possible – thanks to an immediate police order and a simplified civil court procedure the victims of domestic violence will be able to count on efficient help from the state”. Indeed, the new law is to give “effective tools to the police and other authorities to respond without delay to prevent dramas that are associated with violence”. So the new regulations are de facto about introducing a completely different philosophy: where the perpetrator, who is the reason for the unhappiness of the whole family, will have to immediately leave the house when the decision is made by the police, and not the other way round – as it was until then, when the perpetrator was staying in his/her own apartment and the family members had to use flats provided by social assistance (single mother houses, orphanages, homeless shelters etc.) to escape from violence.
The problem of home violence
According to the data presented by the Office of the Ombudsman, in Poland every fifth woman is a victim of violence. However, taking into account the methodology of the research, this number is probably underestimated. The Women’s Rights Center assess the number of victims of domestic violence among women at 800,000 every year. Yet the police – for just over 90,000 (data from 2018). The police do their statistics based on the number of set up “Blue Cards” (the procedure which describes the most important crimes related to domestic violence in a specific home, and contact details of institutions and non-governmental organizations to which the victim has turned for help), which are not a reliable indicator, because most of the victims, for fear of the perpetrator of violence and the opinion of their surroundings, have been in violent relationships for years without seeking help. Generally, according to statistics of the Polish police, almost 250.000 people (women, men, children) in Poland may be affected or threatened by domestic violence yearly – but third sector organizations indicate that these numbers are too low.
As in other European countries, domestic violence is a serious social problem that requires decisive action. Therefore the new regulations developed by the Ministry of Justice are modelled on solutions successfully applied in other countries – in Austria for example, the police order for the perpetrator to leave the apartment has been in force for over 20 years and is issued for 14 days; a similar solution was introduced in the Czech Republic; and in Spain, measures to protect victims of domestic violence have been used for over 10 years (they include an order for the perpetrator to leave home and a ban on contacting victims).
Similar provisions will now also function in Poland. This change means that the perpetrators will be straight away isolated from those affected by violence. So far, this was practically possible only after a court decision, and the wait for it lasted for weeks, or sometimes even months. During this time, victims of violence were forced to live under one roof with the stalker, or to seek shelter outside their own home. In fact, until now, this continuance of the state of imminent danger was one of the reasons why intimidated people suffering from domestic violence did not decide to prosecute the perpetrators, giving up the possibility of applying criminal measures against them.
Meanwhile, the well-being of the family requires that all persons experiencing violence receive adequate protection and that the perpetrators can be stopped. The reaction should be particularly quick when physical violence threatening the life or health is used against weaker household members. And these are the situations of the new protection measures that the Ministry of Justice has just implemented in March 2020.
New set of laws
According to the new regulations, a police officer undertaking an intervention where he/she got reports of domestic violence, will assess whether a person using physical aggression is a threat to the life or health of the household. If there is such a danger, the policeman will issue an absolute order to the perpetrator of violence to immediately leave the apartment. Yet the perpetrator will have the right to take the necessary things from the apartment. This order will be enforced – including the possibility of using coercive measures – also if the perpetrator declares that he/she has nowhere to move. In that case the policeman should show facilities that provide accommodation, e.g. a homeless shelter. In addition – in the situation of a breach of the ban – the perpetrator of violence will be charged with a crime. Pursuant to the amendment to the Code of Offenses, a person who fails to comply with an order issued by the police or a court order requiring him/her to leave the flat, will be punished by detention, restriction of liberty or a fine.
The policemen will also be able to issue a prohibition on approaching the apartment and its immediate surroundings. The police will also be required to regularly check that the perpetrator of the violence complies with these sanctions. If he/she breaks the ban, the police can use coercive measures to enforce the obligation. The same rules apply to enforcing an order to leave the apartment. The order issued by the police to leave the apartment and the prohibition on approaching the apartment and its immediate surroundings will apply in principle for two weeks. However, at the request of a person affected by violence, the court may extend this period.
The new regulations provide for judicial control over the application of the new measure. In justified cases, the court may also take into account the complaint of the perpetrator of violence and revoke the measure. It will still be possible to submit a request to the court to leave the premises by a violent person, and the project also provides for streamlining the proceedings.
A quick procedure will be possible, among others thanks to the fact that pleadings can be served by the police and not only by traditional mail (which usually extended the delivery procedure to several days). The police will also be obliged to provide the court with all the assistance necessary for the prompt conclusion of a case, e.g. when determining the address of a witness. In some cases, the court will have three days to consider a victim’s request, while the entire case will have to be heard within a month. Court rulings requiring the perpetrator of violence to leave the flat and a ban on approaching the flat will be enforced as soon as they are announced, while those demanding such measures will be exempt from court costs.
Conclusions
There has long been talk in Poland of the need to introduce new regulations, that would protect victims of domestic violence and enable effective, immediate action. However, it was only in March 2020 that a resolution to streamline the eviction process of the perpetrator of violence was adopted. These new solutions provide protection for victims and give time for appropriate services. This is definitely a step in the right direction and a huge system change that gives hope that not the victims, but their torturers will feel the consequences of their actions.