A 44-year-old man suspected of mentally abusing his mother in the presence of police officers had to leave the apartment. He is prohibited from approaching or contacting her. A 62-year-old man recently learned that failure to follow these instructions can mean even bigger problems. He was temporarily arrested for violating the ban.
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Last Saturday, after 10 p.m., police officers from the intelligence and patrol department of the North Praga police station intervened in one of the apartments.
– A 63-year-old woman asked them for help. The woman admitted that she could not cope with her aggressive son. She explained that the 44-year-old comes home drunk every day. He is aggressive, shouts at her and calls her names. It also happened that he threw objects more than once, says Paulina Onyszko from the North Praga police in a statement. – The woman was scared and shaking. She admitted that she was afraid of her son, which is why she decided to file an official complaint.
The police initiated the Blue Card procedure and detained the 44-year-old. They transported him in handcuffs to the police station at Jagiellońska Street. There they tested him with a breathalyzer. The man had more than two per mille of alcohol in his breath.
Further activities in this case were carried out by police officers from the criminal investigation department. They interviewed witnesses and analyzed the materials collected in this case. The 44-year-old was charged with psychological abuse of his mother. The district officers ordered him to leave the apartment and banned him from approaching and contacting his mother. In the presence of the police, the man left the premises.
According to the Penal Code, using violence against a loved one is punishable by up to five years in prison.
Arrest for breaking the ban
A 62-year-old man from the Ciechanów district was convinced of the consequences of breaking such a ban and was imprisoned for two months for this reason. It is about physical and mental abuse of his wife. He did not comply with the order to leave the apartment, as well as the ban on contacting and approaching the injured party. Last Saturday, January 6, while under the influence of alcohol, he started a fight during which he threatened his wife. The 62-year-old was detained by Ciechanów police and taken into custody.
The prosecutor supervising the investigation into this case asked the court to change the preventive measure to a more severe one. On January 8, the court agreed to the request and imposed temporary arrest on the 62-year-old. Now the man will spend the next two months behind bars.
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 were 8,714 men. In the case of perpetrators, the vast majority were men – 55,426. There were women 6,497, and minors 321.
The police may order you to leave the apartment
In accordance with the Anti-Violence Act, which came into force in November 2020, a perpetrator of violence who poses a threat to the life or health of household members, after the police issue an order, must immediately leave the apartment and is prohibited from approaching it. The power to issue a warrant was granted to the police and the Military Police.
It is valid for 14 days, but at the request of the person affected by violence, the court may extend this period.
A police officer has the right to issue an order or prohibition:
• during an intervention undertaken in a shared apartment or its immediate surroundings; • in connection with receiving 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).
A person against whom an order or prohibition is issued has the right to:
• only take with you items for personal use and work, as well as pets; • a one-time possibility to take property belonging to the person from the apartment at a later date, in the presence of a policeman and after agreeing the date with the person affected by domestic violence; • submitting a complaint to the district court competent for the location of the jointly occupied apartment in connection with the issuance of an order or prohibition.
The person against whom an order or prohibition is issued will be additionally obliged to:
• to provide the police with the declared place of residence, • if possible, a telephone number, • to inform about any change in the above respect.
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 failure to comply with a prohibition or order issued by the police, the Code of Petty Offenses provides for a penalty of arrest, restriction of liberty or a fine and the application of an accelerated procedure to the perpetrator of the offense.
The order or prohibition expires after 14 days from its issuance, unless during their validity the court grants security in cases involving the obligation of a person using domestic violence to leave the shared apartment and its immediate surroundings or prohibiting him from approaching the apartment and its immediate surroundings. . The obligations will also cease to apply 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 him in the form of temporary arrest or an order to temporarily leave the premises occupied jointly with him. injured parties.
Main photo source: KSP