Domestic violence does not stay behind closed doors. Children who witness or are victims of domestic violence suffer not only physically, but especially psychologically – with long-term consequences for their future lives. What are the legal options for protecting children, who can intervene and how do the social protection authorities proceed?
Children who grow up in an environment of domestic violence are always victims – even when they are not physically assaulted themselves. Just being present during conflicts between parents causes fear, anxiety and a sense of helplessness. Young children often do not understand what is happening, but perceive the tension and aggression. Older children try to “solve” the situation – they protect the weaker parent, try to prevent violence, or, on the contrary, develop defence mechanisms that lead them to apathy or aggression.
Prolonged stay in a violent environment negatively affects the child’s mental health. It can lead to behavioural problems, learning difficulties, anxiety, depression and, in extreme cases, suicidal thoughts. Statistics and expert studies confirm that children who have witnessed domestic violence have a greater risk of being either the aggressor or the victim of a similar relationship in adulthood.
Courts and experts now agree that domestic violence is not just a problem between partners – children also suffer the consequences. It is therefore important that the neighbourhood does not take a passive approach to these situations and helps the children at risk as soon as possible.
The legal system offers several ways to protect a child from domestic violence. The main one is the Civil Code, which allows the courts to intervene in parental responsibility if one parent endangers the child. The court can restrict the violent parent from exercising parental rights or remove that responsibility altogether. The aim is not to punish the parent, but to protect the child from a harmful environment.
Another important tool is the institution of interim measures, whereby the court can temporarily modify the custody of the child or prohibit contact with the violent parent. In acute cases, the police can use eviction orders, whereby the violent parent must leave the shared accommodation for ten days. This measure gives the victim time to take further steps – for example, applying for longer protection through the courts.
If domestic violence reaches the level of a criminal offence, the aggressor can be prosecuted for abuse of a ward or endangering the upbringing of a child. The state thus has various options for protection – but the key is for the child at risk or those around him or her to report the situation and use the legal means available to protect him or her.
Have you found yourself in a situation that requires filing a criminal complaint? We are here to help. We will reliably protect your rights and handle the entire process for you. We’ll handle everything quickly and flawlessly so you don’t have to worry about a thing.
It is said that it is indeed the one who knows us best who can hurt us the most. The phenomenon known as domestic violence is clear evidence of this. And as many victims confirm, the worst is not always the blows, but often the humiliation, intimidation and general psychological violence. In fact, injuries from such violence take much longer to heal. We have discussed this topic in more detail in our separate article.
A child experiencing domestic violence often feels helpless and does not know where to turn. But she has more options than she thinks. First of all, she should not keep the situation a secret – it is important to confide in an adult she trusts. This could be a teacher, a school psychologist, a doctor, a friend’s parent or another close person. These people are often in a position to take the situation further and help him find protection.
There are helplines in the Czech Republic where a child can call anonymously to get advice on what to do. For example, the Helpline (116 111) works 24 hours a day and is free of charge. A child can contact it at any time and counsellors will help them find a safe solution.
The child also has the right to be heard in legal proceedings. For example, if a decision is being made about his or her custody or contact with an abusive parent, the court should hear his or her views. For older children, their wishes are taken into account even more rigorously.
The most important thing is that the child knows that the violence is not his or her fault and that there is a way out. Even though the situation may seem to have no solution, professionals and the legal system can help the child find safety.
Domestic violence often takes place behind closed doors, but its effects can be recognised. A child who lives in a violent environment may be frightened, withdrawn or aggressive. They may have unexplained bruises, be restless or have problems at school. If the environment notices these signs, they should not be ignored.
Doctors, teachers or social workers have a duty to report – if they suspect that a child is a victim of violence, they must inform the OSPOD (child protection authority) or the police. Neighbours, family members or friends also have the same option – although they are not bound by the law, alerting them can save a child’s life.
It is important to act sensitively and not to intimidate the child. If the child confides, he or she needs to be reassured that someone will help. You can contact the OSPOD, a school psychologist or an organisation that helps victims of domestic violence.
Ignoring the warning signs may mean that the child will remain in the violent environment. Therefore, it is essential that the neighbourhood is not afraid to intervene – even an anonymous report can be the first step towards saving the child.
Child protection authorities (CSPOD) play a key role in protecting children at risk of domestic violence. Once they receive a report – whether from a school, a doctor, a neighbour or the child themselves – they must investigate the situation as quickly as possible.
The first step is to talk to the child and his or her parents. OSPOD staff try to find out how serious the situation is and whether the child is in acute danger. If they have reasonable grounds to suspect that the child is in danger, they can propose to the court an interim measure to temporarily place the child in the care of another parent, relative or foster parent.
In extreme cases where the danger to the child is serious, institutional care, i.e. placing the child in a safe environment outside the family, may be ordered. However, this is a last resort if no other form of protection can be provided.
The OSPOD also cooperates with the police and the courts and can file a motion to limit or remove parental responsibility from the violent parent. The aim is not to separate the child from the family, but to provide a safe and stable environment where the child will not be threatened physically or psychologically.
Domestic violence is not just a question of the relationship between the partners – it also fundamentally affects the child, even when the child is not the direct victim. The courts are now increasingly taking into account that a child should not be exposed to contact with a parent who threatens his or her safety. Nevertheless, it is not automatic that the violent parent will lose contact with the child.
The court can modify contact in several ways. If there is a risk of endangering the child, it may prohibit contact altogether or allow it only in the presence of a third party, such as an OSPOD worker. Sometimes contact is ordered to be supervised in so-called supervision centres, where visits are monitored.
If a parent has been convicted of domestic violence, the court will often take into account whether contact with the child is in the child’s best interests. Conversely, the child’s right to protection from trauma takes precedence.
The decision on contact depends on the particular circumstances and evidence. The key is to ensure that the child does not feel compelled to maintain contact and is not subjected to further psychological or physical pressure. If the contact is risky, the child has the right to protection.
Is a slap too much, or is it part of parenting? What is still okay and what can be considered child abuse? Every minor has the right to protection from all forms of violence, whether it is physical punishment of children, psychological harm or child abuse. We take a closer look at the topic in our separate article.
The Chamber of Deputies approved an amendment to the Civil Code to improve protection for victims of domestic and sexual violence, including children. The new legislation introduces stricter rules for assessing cases where a child is exposed to a violent parent and strengthens the rights of victims in court proceedings.
One of the key changes is the possibility to limit or remove parental responsibility more quickly for perpetrators of domestic violence. Until now, in some cases, the violent parent has continued to be able to influence the child despite repeated court challenges. The amendment also emphasises that a child’s contact with a violent parent should be considered in terms of the child’s safety, not as a right of the parent.
Another innovation is the strengthening of the protection of victims of domestic violence under interim measures. Courts will have clearer guidance on when it is appropriate to prohibit contact altogether or only allow it under the supervision of professionals.
These changes aim to prevent secondary victimisation of children who often find themselves in protracted court disputes between parents. The new rules are designed to ensure that their protection is paramount.
Domestic violence has a devastating impact on children, whether they are direct victims or witnesses. The Czech legal system offers several tools to protect them. The police can evict the abuser from their shared home for 10 days, which provides immediate relief. The courts can order an interim measure extending this period up to 6 months. The child protection authorities (OSPOD) also play a key role, monitoring the situation and intervening if the child is in danger. It is important that the environment is not indifferent and reacts in time to signs of violence, which can prevent serious consequences for the child’s psyche and development.
Have you found yourself in a situation that requires filing a criminal complaint? We are here to help. We will reliably protect your rights and handle the entire process for you. We’ll handle everything quickly and flawlessly so you don’t have to worry about a thing.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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