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The Bulgarian LAW on PROTECTION AGAINST DOMESTIC VIOLENCE

The Bulgarian LAW on PROTECTION AGAINST DOMESTIC VIOLENCE. DEFINOTION:. … any act of physical, mental or sexual violence, and any attempted such violence forcible restriction of individual freedom and of privacy, carried out against individuals pointed out in art. 3.

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The Bulgarian LAW on PROTECTION AGAINST DOMESTIC VIOLENCE

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  1. The Bulgarian LAW on PROTECTION AGAINST DOMESTIC VIOLENCE

  2. DEFINOTION: • … any act of physical, mental or sexual violence, and • any attempted such violence • forcible restriction of individual freedom and of privacy, • carried out against individuals pointed out in art. 3

  3. PROTECTION CAN BE SOUGHT AGAINST: • a spouse or a former spouse; • a person with whom the perpetrator cohabits or has cohabited; • a person with whom the perpetrator has a common child; • relatives - an ascendant, a descendant, a sibling, relative by affinity up to the second degree; • a guardian or a foster parent; • a person living in the same dwelling.

  4. THE MEASURES: • To restrain from committing domestic violence; • Removal from the common dwelling house; • Prohibition to near the home, the place of work, the places of social contacts of the victim; • Relocating the residence of the child with the non-violent parent;

  5. OTHER MEASURES: • Obligation for the perpetrator to attend specialized programs; • Advising the victims to attend specialized recovery programs – psychological and social aid;

  6. OTHER CONCEQUENCES: • A fine up to 500 euros; • Duration of the measures; • Registration of the case and the perpetrator and the victim; • Immediate execution of the Order for Protection; • Police control

  7. PROCEEDINGS • The Court • The application • 30 days from the act of domestic violence • The collecting of evidences – obligations to issue copies and medical certificates; • The Declaration • ex parte Order for Emergency Protection • Oral hearings – the Order for Protection

  8. The appeal • Does not stop the execution of the Order for Immediate Protection • 14 days term • Final decision • The three possibilities for the Court of Appeal

  9. The Control on the Orders • Administrative character of the responsibility; • The police control on the execution; • The penal responsibility – art. 296 of the Penal Code; • Civil responsibility – like for damages, etc. • The guilt – as a reason for future divorce.

  10. The Need for Amendments - I • More profound definition of DV; • DV against and/ or in the presence of children and combined measures of them; • The circle of the protected persons; • The measures of protection; • The authorized persons to initiate the court procedure;

  11. Procedural changes • The term for the application – 1 month; • The evidences for psychological violence; • Possibilities for further changes in the Immediate Protection Order during the procedure; • Police measures for protection against DV; • Observing the execution of the Orders.

  12. The Need for Amendments - II • Some particularly dangerous acts of DV – the use of weapon, DV against disabled; • Criminal responsibility for violation and disobedience of the Order; • Changes in the Criminal Law – art. 161; • The role of the NGOs; • The role of the State.

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