Poland: Provisions of the Act of 30 April 2020 amending the Act - Code of Civil Procedure and certain other acts

According to the new regulations, a police officer has the right to issue an order or or a ban in both situations:

  • during an intervention in a shared flat or its immediate surroundings, as well
  • in connection with receiving information about the use of domestic violence (in particular as a result of being reported by a person affected by violence in the family, probation officer or employee of an organizational social welfare unit, in connection with the performance of statutory duties).

Before making a decision to issue an order or a ban, a policeman must perform an obligatory assessment of the risk to the life or health of a person affected by domestic violence. However, this assessment is made separately for an adult and separately for a child. To assess this risk, there are dedicated questionnaires for its estimation, containing criteria specified by the legislator.

In addition, in order to determine the legitimacy of issuing an order or a ban, the Police may perform other activities, in particular, interview a person reporting domestic violence or a person affected by such violence as a witness.

The order or the ban may be issued cumulatively and is immediately enforceable. Policeman in the issued order or ban, specifies, inter alia, the area or distance from the shared flat that the perpetrator of domestic violence is obliged to keep.

 

The regulations entered into force on 30 November 2020.