In the event of a conflict between the spouses, violence is sometimes involved
It is worth knowing that pursuant to Art. 11a of the Act of July 29, 2005 on Counteracting Domestic Violence (Journal of Laws of 2021, item 1249), if a family member living together makes living together particularly burdensome by their behavior involving the use of domestic violence, the affected person by this violence, he may demand that the court oblige him to leave the jointly occupied flat and its immediate surroundings, or to prohibit him from approaching the flat and its immediate surroundings.
A court order to leave the apartment can also be obtained if:
- 1) a person affected by domestic violence has left the jointly occupied apartment due to the use of violence against him in that apartment;
- 2) a family member using domestic violence has left the jointly occupied apartment;
- 3) a spouse, an ascendant, descendant, siblings, related in the same line or degree, a person in an adopted relationship and their spouse, as well as a cohabiting person and another person using domestic violence, periodically or irregularly staying in the apartment together with a person affected by domestic violence.
An adult who remains in the apartment for the time when a person using domestic violence does not live in it, in connection with an order to leave the apartment, is obliged to pay fees for the supply of electricity, gas, water to the apartment, as well as collection of sewage, waste and liquid waste. and the rent or the costs of day-to-day management of the property, unless the perpetrator of domestic violence is obliged to provide maintenance.
An application for obliging a person using domestic violence to leave the jointly occupied flat and its immediate surroundings or prohibit approaching the flat and its immediate surroundings may be submitted on an official form.
The court decides the case after a hearing. The court also delivers a copy of the application or other letters to the prosecutor and notifies him of the dates of the hearing. The court decides within one month from the date of filing the application.
The court in its decision indicates the area or distance from the jointly occupied flat, which the person using domestic violence is obliged to keep.
The provision on obliging the perpetrator of domestic violence to leave the jointly occupied apartment and its immediate surroundings or prohibit approaching the apartment and its immediate surroundings is effective and enforceable upon its announcement. The court may amend or revoke them in the event of a change in circumstances, even if it is final.
The deadline for submitting an application for a justification runs from the date of publication of the decision. If copies of the appeal are not attached to the appeal, the court prepares and serves a copy of the appeal. The deadline for submitting a response to the appeal is one week. The second instance court decides within one month from the presentation of the case file by the first instance court together with the appeal.