1.1 What are the relevant statutes and codes?
- Bulgarian Protection From Domestic Violence Act 2005
- Protection Against Domestic Violence Act (title amended, SG No. 102/2009, effective 22 December 2009)
1.2 What is the controlling case law?
There is no stare decisis rule in Bulgaria, so case law does not have a binding effect per se other than on the specific parties involved in a court case. Nonetheless, Supreme Court cases have a significant influence on other courts.[1]
1.3 What are the specific parts of the court system that address domestic violence?
The first instance court's decision may be appealed from the local court to the district court within seven days of being served. The district court must schedule a hearing within 14 days. Its decision is final and it cannot be appealed further. Criminal courts are entitled to address domestic violence. Damages could be sought in civil courts.
The victim may apply for protection to the local court in the area of their current or permanent residence. A small government fee of BGN 25 applies. If the request is upheld, the perpetrator will bear the costs of the legal expenses, including the state fee and legal fees.1.4 What are potential causes of action?
A crucial point with domestic violence is that the application for protection must be filed no later than one month following the act of domestic violence. Otherwise, the request will be denied.
The measures for protection against domestic violence are as follows:[2]
- placing the respondent under an obligation to refrain from perpetrating domestic violence
- removing the respondent from the common dwelling house for a period specified by the court
- prohibiting the respondent from the vicinity of the victim, their home, place of work and places where the victim has social contact or recreation, on the terms and conditions and for the period specified by the court
- temporarily relocating the residence of the child with the parent who is the victim or with the parent who has not carried out the violent act, on the terms and conditions and for the period specified by the court, provided that this is not inconsistent with the best interests of the child
- placing the respondent under an obligation to attend specialized programs
- advising the victims to attend recovery programs