Not only the charges, but also the order to immediately leave shared apartments and the ban on approaching loved ones threaten the perpetrators of domestic violence. They can be issued by the intervening police officers or the prosecutor. Recently, a 55-year-old man from Zwoleń County and a resident of Stare Babice near Warsaw had to leave their apartments for this reason.
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The police detained a 55-year-old resident of Zwoleń County, suspected of abusing and making criminal threats against his wife, making criminal threats against his son and destroying property.
– The man, while intoxicated, started fights, called family members vulgar words, and also threatened to kill them – says junior assistant Katarzyna Słyk from the Zwoleń police in a statement.
At the request of the investigators, the prosecutor placed the man under police supervision, banned him from contacting the victims and ordered him to leave the shared flat.
The 55-year-old will be brought to court for abusing a loved one, which is punishable by up to five years in prison, for making criminal threats (up to two years) and for destroying property (up to five years in prison).
A ban on approaching your partner
The officer on duty at the Stare Babice police station directed a police patrol to intervene at a home where there was a suspicion of violence against the partner. After talking to the injured party and thoroughly examining the home situation, the district officers decided that it was justified for the man to leave the apartment.
– District officers from the Stare Babice police station have once again used their powers under the Anti-Violence Act and issued an immediate order to leave the apartment and a ban on approaching the apartment and its immediate surroundings for the next 14 days against a man who used violence against his partner – he says in the statement by Sub-Inspector Ewelina Gromek-Oćwieja, press officer of the police of the western Warsaw district.
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.
Pursuant to the regulations that entered into force on November 30, 2020, police officers may issue an order to a person using domestic violence to immediately leave the shared apartment and its immediate surroundings or a ban on approaching the apartment and its immediate surroundings. These orders or prohibitions may be issued jointly and are effective from the moment of their issuance.
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; • one-time possibility of taking 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 indicate to the police his declared place of residence; • telephone number if possible; • informing about each change in the above scope.
– During the period of validity of the order or prohibition, police officers are obliged to check at least three times whether they are respected. 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 – reminds the sub-inspector. Ewelina Gromek-Oćwieja.
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