Legal Defense Against Domestic Violence

Quick Overview

As of July 1, 2025, domestic violence is explicitly defined in Section 3021 of the Civil Code. The police may order a violent person to leave the shared residence for 14 days and seize their weapon. A court may issue a preliminary injunction within 48 hours prohibiting entry into the residence, contact, and harassment. Today, protection applies not only to spouses or partners living in the same household, but also to certain former partners or parents of a child they have in common. If there are children at home, the law protects them with particular rigor.

What constitutes domestic violence?

According to Section 3021 of the Civil Code, domestic violence is any form of violent conduct toward a victim that typically involves the abuse of power or an unequal relationship. The law explicitly covers violations of physical integrity, as well as repeated or serious violations of mental integrity, freedom, dignity, honor, and privacy, or situations in which 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 child they have in common, or a person whose home the perpetrator visits repeatedly and over a long period of time.

This means that domestic violence does not necessarily take the form of visible physical attacks. It also includes threats, stalking, isolation from others, withholding money, monitoring phone use, prohibiting contact with family, sexual coercion, or long-term humiliation. It is precisely psychological and economic abuse that is most often underestimated in practice, even though its effects can be very serious

First Step: Confide in Someone and Save Evidence

If you are experiencing domestic violence, do two things as soon as possible: reach out to someone you trust and start collecting evidence. Useful evidence includes photos of injuries and damaged property, medical reports, text messages, emails, voice messages, call logs, or statements from neighbors and acquaintances who heard or saw something.

It’s also important that someone finds out about the situation in time. Family, friends, neighbors, your primary care physician, your school, an intervention center, or a crisis hotline can help. The helpline for victims of crime and domestic violence, 116 006, is available 24/7 and free of charge. The Safety Line 116 111 is also available 24/7 for children.

In practice, we often see that victims feel they “don’t have enough evidence yet.” But this is usually a mistake. You don’t need to have a complete file ready to contact the police or an intervention center. What matters most is that you describe the specific situations, as well as the frequency and intensity of the violence.

Restraining Order, Preliminary Injunction

Police Restraining Order

If, based on the established facts—particularly in light of previous attacks— there are reasonable grounds to believe that a person will commit a dangerous attack against life, health, or liberty, or a particularly serious attack against human dignity, a police officer may expel that person from the shared residence and its immediate vicinity. A police officer may also issue a restraining order against a violent person even in their absence.

A police expulsion order remains in effect for 14 days from the date it is issued, and this period cannot be shortened even with the consent of the person at risk. If, during the period of the expulsion, you file a motion for a preliminary court injunction, the expulsion is extended until the court’s decision on that motion becomes final.

In addition, the police are required to take further protective measures. In particular, they will ensure that the person subject to the expulsion order surrenders any firearm, or the police will confiscate it; during the duration of the expulsion order, the firearm surrendered or confiscated must not be returned to that person. Within 24 hours of the restraining order being issued, the police will send a copy of the official record to the relevant intervention center, the public prosecutor’s office, and the court; if a minor child lives in the shared residence, they will also send it to the relevant child protection agency (OSPOD).

This is particularly important for families with children. The law expressly stipulates that if a minor child resides in the shared residence, the child is considered a person at risk for the purposes of the expulsion order.

Court-Ordered Preliminary Injunction

A police expulsion order may be followed by a court preliminary injunction regarding protection against domestic violence. The petition is filed with the petitioner’s local court, and the court decides on it within 48 hours without a hearing. Proceedings may also be initiated orally on the record at the court.

The court may order the respondent, in particular, to leave the shared residence or the petitioner’s residence, to refrain from entering it or its immediate vicinity, to refrain from meeting with the petitioner, and to refrain from unwanted surveillance or harassment in any manner. This explicit protection, including that of the petitioner’s residence, is one of the key changes introduced by the amendment effective July 1, 2025, which also applies to cases where the victim no longer shares a residence with the abuser.

A court-ordered preliminary injunction is enforceable upon issuance. It generally remains in effect for 1 month from the date it becomes enforceable. If the order was preceded by a police restraining order and the entire duration of the police restraining order has not yet expired by the time the court-ordered preliminary injunction becomes enforceable, the court-ordered preliminary injunction is extended by the remaining portion of that period.

If longer-term protection is needed, a motion for extension must be filed before the original period expires. The mere filing of the motion extends the duration of the preliminary injunction until the court decides on the extension. The court has two months to decide on the extension, but this period does not create a gap in protection. Overall, however, the preliminary injunction expires no later than six months after it becomes enforceable.

Criminal Prosecution, Child Custody Proceedings, Divorce, Property Settlement

Domestic violence often does not end with a restraining order or a preliminary injunction. Depending on the circumstances, it may constitute a criminal offense, such as abuse of a person living in the same household, bodily injury, extortion, making dangerous threats, rape, or stalking. An amendment effective as of July 1, 2025, has also expanded protections for victims in related proceedings.

When dividing marital property , the court will now explicitly take into account whether one spouse committed domestic violence or an intentional criminal offense against the other, considering the nature, severity, duration, and circumstances of the act. This may have a real impact on the final division of property following a divorce.

The changes have also extended to the protection of children. The Act on the Social and Legal Protection of Children now explicitly uses the term “domestic violence” and also protects children who witness or are exposed to domestic violence. In its December 2025 guidelines, the Ministry of Labor and Social Affairs explicitly states that repeated exposure to violence has effects on children comparable to those of direct abuse.

In practice, this is particularly crucial in disputes involving children. Courts and child protection authorities (OSPOD) now take a much more sensitive approach to determining whether contact with a violent parent actually protects the child or, conversely, puts the child at further risk.

Protection of Victims During Further Proceedings and Proceedings

The amendment also strengthened the protection of victims beyond the restraining order itself. In misdemeanor proceedings, a person directly affected by the commission of a misdemeanor has the right to be accompanied by a support person. Upon request, the administrative authority must take the necessary measures to ensure that the victim does not come into contact with the offender during proceedings or immediately before or after them, if this is necessary for the victim’s safety, protection from secondary harm, or privacy.

The Act on Victims of Criminal Offenses has also been expanded to allow for requests for measures to prevent contact with the offender not only during proceedings but also in direct connection with them.

This is often very important in practice. Many victims are more afraid of waiting in the hallway before an interrogation or after a hearing than they are of the proceedings themselves.

When Domestic Violence Accusations Are Fabricated

False accusations do occur occasionally in practice, but such cases are rare. However, if you are the victim of such an accusation and are convinced that it is false, it is important to respond quickly and objectively.

The person subject to the restraining order may file an objection on the spot and then in writing within 3 days of receiving the notice of the restraining order. If the court issues a preliminary injunction, an appeal may be filed; the appellate court must rule on the appeal within 7 days of the case being referred by the trial court.

Messages, emails, communication records, location data, witness statements, or other specific evidence can be helpful. If someone knowingly and falsely accuses another person of a criminal offense, this may, under certain circumstances, constitute the crime of false accusation under Section 345 of the Criminal Code.

Domestic Violence Against Seniors

Older adults are often among the most vulnerable groups. It is often not just a matter of physical attacks, but also of financial abuse, threats, isolation, or coercion by a partner, child, or other close relative. The legal tools for protection are the same as for other victims: the police, restraining orders, preliminary measures, filing a criminal complaint, and assistance from an intervention center.

In practice, the biggest problem is often that the senior does not want to “turn in their own family.” However, legal protection is not intended to break up the family, but to stop the violence and prevent it from escalating further.

Insights from Practice

In practice, the hardest part is often not the request for protection itself, but the initial decision to speak up. Victims have often been manipulated for a long time; they make excuses for the perpetrator and are afraid that no one will believe them.

The most common mistake is waiting for the “final incident.” It is precisely the repetition, escalation, and increasing control that serve as warning signs that the situation is heading toward greater danger.

In cases involving children, it’s especially important to act quickly. A child does not have to be a direct victim to be seriously at risk, both legally and psychologically. According to experts, a child is already affected simply by witnessing, hearing, or perceiving the consequences of domestic violence, or by living in an atmosphere of fear. The child is an indirect, or secondary, victim of domestic violence. The child’s young age is irrelevant; on the contrary, even infants and very young children can be traumatized.

Summary

As of 2026, domestic violence has a clearer definition under Czech law, and victims have stronger protections than before. The police can order a violent person to stay away for 14 days, confiscate their weapon, and immediately involve an intervention center, the court, and other institutions. A court can issue a preliminary injunction within 48 hours prohibiting entry into the home, contact, and harassment. Furthermore, the updated legislation provides better protection for victims in misdemeanor proceedings, children exposed to violence, and individuals who no longer live with the perpetrator.

If you are experiencing domestic violence, do not wait until the situation becomes “even clearer.” Timely intervention is often what prevents further attacks and facilitates subsequent protection in court and during criminal proceedings.

In addition to the general hotline 116 006, the Ministry of the Interior also lists specialized crisis hotlines for seniors, such as the Senior Hotline at 800 157 157 and the Seniors’ Hotline at 800 200 007.