Legal defence against domestic violence

Quick overview

Domestic violence is explicitly defined in Section 3021 of the Civil Code as of July 1, 2025. The police can evict a violent person from a common dwelling for 14 days and seize his or her weapon. Within 48 hours, the court can issue an interim order prohibiting entry into the dwelling, contact and harassment. The protection now applies not only to spouses or common-law partners, but also to some former partners or parents of a common child. If there are children in the home, the law protects them particularly rigorously.

What is domestic violence?

According to Section 3021 of the Civil Code, domestic violence is an act of violence against the victim in any form, usually involving abuse of power or unequal status. The law specifically envisages interference with physical integrity, but also repeated or serious interference with mental integrity, freedom, dignity, honour, privacy or situations where the victim’s ability to meet basic needs is seriously impaired. The victim may be not only a current partner, but also a former partner, a close relative, a parent of a common child or a person whose household is visited repeatedly and for a long period of time.

This means that domestic violence does not have to look only like visible physical attacks. It can also include threats, stalking, isolation from the neighbourhood, taking money, controlling the telephone, not allowing contact with family, sexual coercion or long-term humiliation. It is psychological and economic violence that is most often underestimated in practice, even though its effects can be very serious

First step: confide and keep the evidence

If you are experiencing domestic violence, do two things as soon as possible: contact someone safe and start storing evidence. Photographs of injuries and damaged belongings, medical reports, text messages, emails, voicemails, call logs, or messages from neighbours and friends who heard or saw something can be useful.

It is also important that someone is made aware of the situation in a timely manner. Family, friends, neighbours, GPs, schools, an intervention centre or a crisis line can help. The 116 006 helpline for victims of crime and domestic violence operates 24 hours a day, free of charge. The 116 111 Helpline is also available 24 hours a day for children.

In practice, we often see that the victim feels that ‘there is not enough evidence yet’. But this is often a mistake. It is not necessary to have a complete file for the first police intervention or to contact the intervention centre. What is crucial is that you describe the specific situation, the frequency and intensity of the violence.

Expulsion, interim measures

When there is a threat of another attack against life, health, liberty or a particularly serious attack against human dignity, a police officer may expel a violent person from the common dwelling even in his/her absence. Today, the eviction lasts 14 days and this period cannot be shortened even with the consent of the person threatened. If during this period you file an application for a court interim measure, the eviction is extended until the court’s decision on the application becomes final.

In addition, the police are obliged to take further protective measures. In particular, they must ensure that the weapon is handed over or taken away and may not return it during the period of the banishment. Within 24 hours, it shall also send a copy of the official record to the intervention centre, the competent public prosecutor’s office and the court; if a minor child lives in the common residence, it shall also inform the OSPOD.

This is particularly important for families with children. The law explicitly states that if a minor child is living in the common dwelling, he or she is considered to be a person at risk when evicted.

In fact, it is no longer limited to only 1 month – under the current legislation, the court can also issue an interim measure for up to 6 months if the circumstances require it.

If you need longer protection, you can apply to the court for an interim measure of protection against domestic violence. The application is filed with the plaintiff’s general court and the court will decide on it within 48 hours without a hearing.

In particular, the court may order the respondent to leave the petitioner’s common dwelling or home, not to enter the petitioner’s neighbourhood, to refrain from meeting the petitioner and to refrain from unwanted surveillance and harassment. It is the explicit protection also against the “dwelling of the petitioner” that is one of the important changes after the 2025 amendment, which also affects some cases of former partners.

An interim measure does not automatically last for six months. The basic period is 1 month from enforceability. However, you can apply for an extension before this period expires and in total the protection can last no longer than 6 months.

Criminal prosecution, children’s court, divorce, property division

Domestic violence often doesn’t end with an eviction or restraining order. Depending on the circumstances, it can be a criminal offence such as abuse of a cohabitant, battery, extortion, dangerous threats, rape or dangerous stalking. The amendment, effective July 1, 2025, also expanded victim protection in related proceedings.

In the division of the community property, the court will now explicitly take into account the fact that one spouse has committed domestic violence or an act in the nature of a deliberate criminal offence against the other, including with regard to the nature, gravity, duration and circumstances. This may have a real impact on the final division of property after the divorce.

The changes have also had an impact on child protection. The Law on Social and Legal Protection of Children now explicitly deals with the concept of domestic violence and also protects a child who is present or exposed to domestic violence. In its December 2025 methodology, the MoLSA explicitly states that repeated witnessing of violence has comparable effects on children as direct abuse.

In practice, this is particularly crucial in disputes over children. The courts and the OSPOD are now much more sensitive to whether contact with a violent parent actually protects the child or, on the contrary, further endangers him or her.

Protecting the victim in other actions and proceedings

The amendment has also strengthened the protection of victims beyond the expulsion itself. In misdemeanour proceedings, the person directly affected by the offence has the right to be accompanied by a confidant. Upon request, the administrative authority must take the necessary measures to ensure that the victim is not in contact with the offender during, immediately before and after the proceedings, if this is necessary for his/her safety, protection from secondary harm or privacy.

The Victims of Crime Act has also been extended to allow for measures to be requested to prevent contact with the offender not only during the acts but also in the immediate context of the acts.

This is often very important in practice. Many victims are more afraid of waiting in the corridor before the interview or after the hearing than of the act itself.

When domestic violence is invented on you

False accusations do occur in practice, but this is not a common pattern in most cases. If you believe the allegation is false, it is important to respond quickly and factually.

The evicted person can object to the eviction on the spot and then in writing within 3 days of receiving the eviction notice. If the court issues an interim measure, an appeal is possible; the appeal is to be decided by the Court of Appeal within 7 days of the case being referred by the court of first instance.

Reports, emails, records of communications, movement data, witness statements or other specific evidence may be helpful. If someone knowingly falsely accuses another of an offence, this may, in certain circumstances, constitute the offence of false accusation under section 345 of the Penal Code.

Domestic violence against the elderly

Seniors tend to be one of the most vulnerable groups. Often it is not just physical assault, but economic abuse, threats, isolation or coercion by a partner, child or other close person. The legal tools for protection are the same as for other victims: police, eviction, interim measures, criminal charges and the help of an intervention centre.

In practice, the biggest problem is that the senior does not want to “denounce his/her own family”. But legal protection is not there to break up the family, but to stop the violence and prevent it from escalating further.

Insights from practice

In practice, it is often not the actual application for protection that is most difficult, but the initial decision to speak up. Victims tend to be seduced for a long time, making excuses for the perpetrators and fearing that no one will believe them.

The most common mistake is waiting for the “last incident”. Repetition, escalation and increasing scrutiny are warning signs that the situation is heading towards greater danger.

In cases involving children, it is a good idea to react especially quickly. A child does not have to be a direct victim to be at serious legal and psychological risk.

Summary

Domestic violence has a clearer definition in Czech law in 2026 and victims have stronger protection than before. The police can evict a violent person for 14 days, seize their weapon and immediately involve the intervention centre, the court and other institutions. Within 48 hours, the court can issue an interim order prohibiting entry into the home, contact and harassment. In addition, the newer legislation better protects victims in misdemeanour proceedings, children exposed to violence and persons who no longer live with the perpetrator.

If domestic violence affects you, don’t wait until the situation is “even clearer”. Early intervention is often what will prevent further attacks and facilitate subsequent protection in court and in criminal proceedings.

In addition to the general 116 006 line, the Ministry of the Interior also lists specialised crisis contacts for the elderly, such as the Senior Phone 800 157 157 or the Senior Citizens Line 800 200 007.