A 19-year-old girl can’t come near her mother’s apartment for two weeks. Such a ban, in accordance with the Anti-Violence Act, was issued by the police, who also initiated the “Blue Card” procedure.
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A resident of this commune reported to the police officers from Nieporęt near Warsaw, who reported that her daughter started fights at home, during which she was verbally aggressive. It also happened that she was throwing various household items.
The police received a report of a crime and initiated the “Blue Card” procedure. After a detailed examination of the situation, however, they also considered it reasonable to ban the 19-year-old from approaching her mother’s apartment and its immediate surroundings for the next 14 days.
The victims are mostly women
In 2022, the Polish police initiated the “Blue Card” procedure 52,569 times. The number of people suspected of being victims of domestic violence is 71,631. The vast majority are women – 51,935 and minors – 10,982. There are 8,714 men. In the case of perpetrators, the vast majority are men – 55,426. There are 6,497 women and minors 321.
In accordance with the Anti-Violence Act
In accordance with the Anti-Violence Act, which came into force in November 2020, the perpetrator of violence who poses a threat to the life or health of the household members, after issuing the order by the police, must immediately leave the apartment and is forbidden to approach him. The power to issue a warrant was granted to the police and the military police.
It is valid for 14 days, however, at the request of the person affected by violence, the court may extend this period.
A police officer has the right to order or prohibit:
• during an intervention in a jointly occupied apartment or its immediate surroundings; • in connection with obtaining information about the use of domestic violence (in particular as a result of reporting by a person affected by domestic violence, a probation officer or an employee of a social welfare organizational unit in connection with the performance of statutory duties).
The person against whom the order or prohibition is issued has the right to:
• only take personal and work items and pets with them; • a one-time possibility to take away property constituting her property at a later date, in the presence of a police officer and after agreeing the date with the person affected by domestic violence; • submit a complaint to the district court competent for the location of the jointly occupied apartment in connection with the issuance of the order or prohibition.
The person against whom the order or prohibition is issued will be additionally obliged to:
• to indicate the declared place of residence to the police, • phone number, if possible, • informing about each change in the above scope.
Three checks for respecting the ban
During the period of validity of the order or prohibition, police officers are obliged to check at least three times whether they are respected. For a person’s failure to comply with a prohibition or order issued by the police, the Code of Petty Offenses provides for imprisonment, restriction of liberty or a fine, and the use of an accelerated procedure against the perpetrator of this offence.
The order or prohibition loses its force after 14 days from its issuance, unless during their validity the court grants security in cases for obliging a person using domestic violence to leave the jointly occupied apartment and its immediate surroundings, or prohibiting approaching the apartment and its immediate surroundings . The obligations will also expire if a person using domestic violence against whom an order or prohibition has been issued is detained on suspicion of committing a crime, and then a preventive measure is applied to them in the form of temporary arrest or an order to periodically leave the premises occupied jointly with the wronged.
tvnwarszawa.pl/Police in Legionowo
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