4.1.1 Are there civil protection orders available to victims of domestic abuse?
Yes, the Bulgarian Protection Against Domestic Violence Act provides for protection orders.
4.1.2 Who can petition for civil protection orders?
According to Article 3 of the Bulgarian Protection Against Domestic Violence Act, protection may be sought by any person who has become a victim of domestic violence, perpetrated by the following:
- spouse of the former spouse
- person with whom he/she is or has been in a de facto conjugal cohabitation
- person who has fathered her child
- ascendant
- descendant
- person with whom he/she is in a collateral relationship up to the fourth degree
- person with whom he/she is or was related by marriage up to the third degree
- guardian, custodian or foster parent
- ascendant or descendant of the person with whom he/she is in de facto conjugal cohabitation
- person with whom the parent is or was in de facto conjugal cohabitation
4.1.3 Are there temporary custody of a child or child support orders?
Yes. According to Article 5(4) of the Bulgarian Protection Against Domestic Violence Act, a court may provide a provisional designation of the place of residence of the child with the victimized parent or the parent who did not perpetrate the violence, under the conditions and term specified by the court if this would not be against the child's interests. This may be imposed for a period from three months to 18 months.
4.1.4 Is there a provision to order the abuser to move out or stay away from places that the victims frequent?
Yes. According to Article 4(3) of the Bulgarian Protection Against Domestic Violence Act, the court may prohibit the perpetrator from coming close to the victim, the dwelling, the place of work, and the locations of social contact and recreation of the victim under the conditions and term specified by the court. This may be imposed for a period from three months to 18 months.
4.1.5 Are there any other types of emergency, preventive and civil protection orders?
According to Article 4 of the Bulgarian Protection Against Domestic Violence Act:
In cases where there is data of a threat for the life or health of the victim, it may also file a request to the bodies of the Ministry of the Interior to undertake measures under the Ministry of the Interior Act.
In addition, according to Article 14 of the above act:
Where the petition contains data of a direct, immediate or subsequent threat for the victim's life or health, the district court shall issue, at a closed session without summoning the parties, an order for immediate protection within 24 hours of receipt of the petition or of the request.4.1.6 Can these orders be requested by direct or indirect victims or legal representatives in children's cases?
According to Article 8 of the Bulgarian Protection Against Domestic Violence Act, proceedings on issuing the order may be initiated based on a petition filed by the following:
- the victim, if they are over 14 years old or have been partially incapacitated
- a brother, sister or person who is directly of kin to the victim
- the guardian or custodian of the victim
- the director of the Social Assistance Directorate if the victim is underage, incapacitated or disabled
4.1.7 Are there different types of civil protection orders, e.g., for a short- term period?
Please see Section 4.1.1.
4.1.8 Are ex parte orders permitted without the aggressor being present?
According to Article 238 of the Code of Civil Procedure, a judgment by default is possible if the party is passive or disinterested.
4.1.9 Do emergency orders also extend protection for abuse and intimidation to family members of the victim?
This is not specified in the Bulgarian Protection Against Domestic Violence Act. However, if a family member is a victim of the same violence, they are also protected.
4.1.10 How long do the orders last?
This depends on the order. The following measures may be imposed for between three months and 18 months:
- removing the perpetrator from the jointly occupied dwelling
- prohibiting the perpetrator from coming close to the victim, the dwelling, the place of work, and the locations of social contact and recreation of the victim
- provisionally designating the place of residence of the child with the victimized parent or the parent who did not perpetrate the violence
The law does not provide a specific duration. Therefore, it is likely that this may depend on the case:
- obligating the perpetrator to refrain from committing domestic violence
- obligating the perpetrator of the violence to attend specialized programs
- directing the victims into rehabilitation programs
4.1.11 Please provide any data or hyperlinks to government or NGO websites that include information on how often civil protection orders are issued, and any relevant demographics information, e.g., police reports, convictions, etc.
4.2.1 What documentation is needed to obtain a civil protection order?
To request a civil protection order, the petition must be in writing and contain the following:
- full name, address and personal identification number of the petitioner (if the petitioner does not wish to reveal their permanent or current address, another address may be used)
- address of the Social Assistance Directorate
- name and current address of the perpetrator (or another address) so they can be subpoenaed, including any telephone number
- information outlining the family relationship between the petitioner/victim and the perpetrator
- outline of the domestic violence (including the date, place, manner and any other facts relating to the event)
- signature
- declaration by the petitioner/victim outlining what has happened attached to the petition
4.2.2 Does the victim need to attend a hearing?
No, the perpetrator will be subpoenaed by the court to attend the hearing. Where an application is made on behalf of someone else (if they are a brother, sister or person who is directly of kin to the victim or the director of the Social Assistance Directorate if the victim is underage, incapacitated or disabled), they will also be required to attend the hearing. Otherwise, the victim will only need to be present where there is an appeal.
4.2.3 Can you request remedies?
Yes, the victim can request remedies. However, the court is not bound by the request and it may impose any condition that it deems necessary to effectively protect the applicant. In any event, the perpetrator will be additionally fined between BGN 200 and BGN 1,000.[5]
4.2.4 Are there time limits?
Yes, a one-month time limit is in place. 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.[6] Otherwise, the request will be denied.
4.2.5 Are there different rules in emergencies?
Under Article 18 of the Bulgarian Protection Against Domestic Violence Act,[7] in the event a petition contains data of a direct, immediate or subsequent threat to the victim's life or health, an immediate protection order can be issued.
In this situation, at a closed session without summoning the parties, the district court will issue an order for immediate protection within 24 hours of receiving the petition or the request.
In the event of an emergency, a sibling or direct line relative may apply on the victim's behalf.4.3.1 What discretion does a judge have in granting a civil protection order or other protective orders?
We did not find any information.
4.3.2 Are there age limits on who can obtain orders?
Proceedings on issuing the order may be initiated based on a petition filed by the following:
- the victim, if they are over 14 years old or have been partially incapacitated
- a brother, sister or person who is directly of kin to the victim
- the guardian or custodian of the victim
- the director of the Social Assistance Directorate if the victim is underage, incapacitated or disabled
4.4.1 Can victims obtain reimbursement for costs and restitution paid?
According to Article 11 of the Bulgarian Protection Against Domestic Violence Act, no stamp fee needs to be paid when filing the petition. When issuing the order, the court will ensure that the perpetrator of the domestic violence pays the stamp tax and expenses of the case.
However, if an order is rejected or reversed, the petitioner will pay the stamp duty and the expenses of the case, unless they are under 18 years old or they are incapacitated or disabled.4.4.2 Can they recover wages and profits lost?
Pursuant to Article 45 of the Obligations and Contracts Act and following the rules of civil procedure, it is possible to file a claim for compensation for material and nonmaterial damages to be paid by the perpetrator in separate civil proceedings.
4.4.3 Is a separate civil process required?
A victim of domestic violence may file an action for civil damages. This action is based on a breach of contract for moral obligation. Whether a victim seeks redress for domestic violence depends largely on how financially and emotionally independent they are. The courts will sometimes assess moral damages rather than a criminal penalty.